250 PUBLIC LAW 93-87-AUG. 13, 1973 [87 STAT.
86 Stat. 1329. Public Law 92-603 as amended. The Secretary of Health, Education,
42 u s e 401
note. and Welfare shall issue regulations for the implementation of the
foregoing sentence after consultation with the Secretary of
Agriculture.
SHOKT TITLE
SEC. 5. This Act may be cited as the "Agriculture and Consumer
Protection Act of 1973".
Approved August 10, 1973.
Public Law 93-87
August 13, 1973 AN ACT
[S. 502] To authorize appropriations for the construction of certain highways in accord-
ance with title 23 of the United States Code, and for other purposes.
Be it enacted hy the Senate and House of Representaiives of the
Highway con- United States of America in Congress asserribled^
struction and
safety.
Appropriation TITLE I
authorization.
SHORT TITLE
SEC. 101. This title may be cited as the "Federal-Aid Highway Act
of 1973".
REVISION O F A U T H O R I Z A T I O N FOR APPROPRIATIONS FOR T H E INTERSTATE
SYSTEM
SEC. 102. Subsection (b) of section 108 of the Federal-Aid Highway
82 Stat. 815; Act of 1956, as amended, is amended by striking out "the additional
84 Stat. 1714.
23 u s e 101 sum of $4,000,000,000 for the fiscal year ending June 30,1974, the addi-
note. tional sum of $4,000,000,000 for the fiscal year ending June 30, 1975,
and the additional sum of $4,000,000,000 for the fiscal year ending
June 30, 1976", and by inserting in lieu thereof the following: "the
additional sum of $2,600,000,000 for the fiscal year ending June 30,
1974, the additional sum of $3,000,000,000 for the fiscal year ending
June 30, 1975, the additional sum of $3,000,000,000 for the fiscal year
ending June 30,1976, the additional sum of $3,250,000,000 for the fiscal
year ending June 30, 1977, the additional sum of $3,250,000,000 for
the fiscal year ending June 30, 1978, and the additional sum of
$3,250,000,000 for the fiscal year ending June 30,1979."
A U T H O R I Z A T I O N OF U S E OF COST E S T I M A T E S FOR A P P O R T I O N M E N T O F
INTERSTATE FUNDS
SEC. 103. The Secretary of Transportation shall apportion for
the fiscal years ending June 30, 1974, June 30, 1975, and June 30,
1976, the sums authorized to be appropriated for such years for
expenditures on the National System of Interstate and Defense High-
ways, using the apportionment factors contained in table 5, of House
Public Works Committee Print Numbered 92-29, as revised in House
Report Numbered 92-1443.
87 STAT. ] PUBLIC LAW 93-87-AUG. 13, 1973 251
HIGHWAY A U T H O R I Z A T I O N S
SEC. 104. (a) F o r the purpose of carrying out the provisions of
title 23, United States Code, the following sums are hereby authorized "^^ stat. sss.
23 u s e 101 et
to be appropriated: seq.
(1) For the Federal-aid primary system in rural areas, out of the
Highway Trust Fund, $680,000,000 for the fiscal year ending J u n e 30,
1974, $700,000,000 for the fiscal year ending June 30, 1975, and
$700,000,000 for the fiscal year ending June 30,1976. For the Federal-
aid secondary system in rural areas, out of Highway Trust Fund,
$390,000,000 for the fiscal year ending June 30, 1974, ^00,000,000 for
the fiscal year ending June 30, 1975, and $400,000,000 for the fiscal
year ending June 30,1976.
(2) For the Federal-aid urban system, out of the Highway Trust
Fund, $780,000,000 for the fiscal year ending June 30, 1974,
$800,000,000 for the fiscal year ending June 30,1975, and $800,000,000
for the fiscal year ending June 30, 1976. For the extensions of the
Federal-aid primary and secondary svstems in urban areas, out of the
Highway Trust Fund $290,000,000 for the fiscal year ending June 30,
1974, $300,000,000 for the fiscal year ending June 30, 1975, and
$300,000,000 for the fiscal year ending June 30,1976.
(3) For forest highways, out of the Highway Trust Fund
$33,000,000 for the fiscal year ending June 30, 1974, $33,000,000 for
the fiscal year ending June 30,1975, and $33,000,000 for the fiscal year
ending June 30, 1976.
(4) For public lands highways, out of the Highway Trust Fund,
$16,000,000 for the fiscal year ending June 30,1974, $16,000,000 for the
fiscal year ending June 30, 1975, and $16,000,000 for the fiscal year
ending June 30, 1976.
(5) For forest development roads and trails, $140,000,000 for the
fiscal year ending June 30,1974, $140,000,000 for the fiscal year ending
June 30, 1975, and $140,000,000 for the fiscal year ending June 30,
1976.
(6) For public lands development roads and trails, $10,000,000 for
the fiscal year endinor June 30, 1974, $10,000,000 for the fiscal year
ending June 30, 1975, and $10,000,000 for the fiscal year ending
June 30, 1976.
(7) For park roads and trails, $30,000,000 for the fiscal year ending
June 30, 1974, $30,000,000 for the fiscal year ending June 30,1975, and
$30,000,000 for the fiscal year ending June 30, 1976.
(8) For parkways, $60,000,000 for the fiscal year ending June 30,
1974, $75,000,000 for the fiscal year ending June 30, 1975, and
$75,000,000 for the fiscal year ending June 30, 1976, except that the
entire cost of any parkway project on any Federal-aid system paid
under the authorization contained in this paragraph shall be paid
from the Highway Trust Fund.
252 PUBLIC LAW 93-87-AUG. 13, 1973 [87 STAT.
(9) For Indian reservation roads and bridges, $75,000,000 for the
fiscal year ending June 30, 1974, $75,000,000 for the fiscal year ending
June 30,1975, and $75,000,000 for the fiscal year ending June 30,1976.
(10) For economic growth center development highways under sec-
Post. p. 261. tion 143 of title 23, United States Code, out of the Highway Trust
Fund, $50,000,000 for the fiscal year ending June 30,1974, $75,000,000
for the fiscal year ending June 30,1975, and $100,000,000 for the fiscal
year ending June 30,1976.
(11) For necessary administrative expenses in carrying out section
io?o^io32^°^^' 1^1' section 136, and section 319(b) of title 23, United States Code,
82 Stat. 817, 818. $1,500,000 for the fiscal year ending June 30, 1974, $1,500,000 for the
fiscal year ending June 30,1975, and $1,500,000 for the fiscal year end-
ing June 30, 1976.
(12) For carrying out section 215(a) of title 23, United States
84 Stat. 1720.
Code— „ , ^
(A) for the Virgin Islands, not to exceed $5,000,000 for the fis-
cal year ending June 30, 1974, not to exceed $5,000,000 for the fis-
cal year ending June 30,1975, and not to exceed $5,000,000 for the
fiscal year ending June 30,1976.
(B) for Guam not to exceed $2,000,000 for the fiscal year end-
ing June 30,1974, not to exceed $2,000,000 for the fiscal year end-
ing June 30, 1975, and not to exceed $2,000,000 for the fiscal year
ending June 30, 1976.
(C) for American Samoa not to exceed $1,000,000 for the fiscal
year ending June 30, 1974, not to exceed $1,000,000 for the fiscal
year ending June 30, 1975, and not to exceed $1,000,000 for the
fiscal year ending June 30,1976.
Sums authorized by this paragraph shall be available for obligation
at the beginning of the fiscal year for which authorized in the same
72 Stat. 885.
manner and to the same extent as if such sums were apportioned
23 use Tor." under chapter 1 of title 23, United States Code.
(13) Nothing in the first ten paragraphs or in paragraph (12) of
this section shall be construed to authorize the appropriation of any
sums to carry out section 131, 136, 319(b), or chapter 4 of title 23,
2? use loi: United States Code.
(b) For each of the fiscal years 1974,1975, and 1976, no State shall
receive less than one-half of 1 per centum of the total apportionment
Post, p . 254.
for the Interstate System under paragraph (5) of subsection (b) of
section 104 of title 23, United States Code. Whenever such amounts
made available for the Interstate System in any State exceed the cost
of completing that State's portion of the Interstate System, the excess
amount shall be transferred to and added to the amounts apportioned
Post, p . 256.
to such State under paragraphs (1), (2), (3), and (6) of subsection
(b) of section 104 of title 23, United States Code, in the ratio which
these respective amounts bear to each other in that State. For the pur-
pose of carrying out this subsection, there are authorized to be appro-
priated out of the Highway Trust Fund not to exceed $50,000,000 for
the fiscal year ending June 30,1974, $50,000,000 for the fiscal year end-
ing June 30, 1975, and $50,000,000 for the fiscal year ending June 30,
1976. I t is the sense of the Congress that this subsection is an interim
provision to be reconsidered at the expiration of this authorization.
87 STAT. ] PUBLIC LAW 93-87-AUG. 13, 1973 253
DEFINITIONS
SEC. 105. Subsection (a) of section 101 of title 23 of the United
States Code is amended as follows: 72 stat. 885;
(1) The definition of the term "construction" is amended to read as 84 Stat. 1716.
follows:
"The term 'construction' means the supervising, inspecting, actual
building, and all expenses incidental to the construction or reconstruc-
tion of a highway, including locating, surveying, and mapping
(including the establishment of temporary and permanent geodetic
markers in accordance with specifications of the National Oceanic and
Atmospheric Administration in the Department of Commerce), acqui-
sition of rights-of-way, relocation assistance, elimination of hazards
of railway grade crossings, acquisition of replacement housing sites,
acquisition and rehabilitation, relocation, and construction of replace-
ment housing, and improvements which directly facilitate and control
traffic flow, such as grade separation of intersections, widening of
lanes, channelization of traffic, traffic control systems, and passenger
loading and unloading areas."
(2) The definition of the term "urban area" is amended to read as
follows:
"The term 'urban area' means an urbanized area or, in the case of an
urbanized area encompassing more than one State, that part of the
urbanized area in each such State, or an urban place as designated
by the Bureau of the Census having a population of five thousand
or more and not within any urbanized area, within boundaries to
be fixed by responsible State and local officials in cooperation with
each other, subject to approval by the Secretary. Such boundaries
shall, as a minimum, encompass the entire urban place designated by
the Bureau of the Census."
(3) The definition of the term "Indian reservation roads and
bridges" is amended to read as follows:
"The term 'Indian reservation roads and bridges' means roads and
bridges that are located within or provide access to an Indian reserva-
tion or Indian trust land or restricted Indian land which is not subject
to fee title alienation without the approval of the Federal Government,
or Indian and Alaska Native villages, groups, or communities in which
Indians and Alaskan Natives reside, whom the Secretary of the Inte-
rior has determined are eligible for services generally available to
Indians under Federal laws specifically applicable to Indians."
(4) The definition of "urbanized area" is amended to read as
follows:
"The term 'urbanized area' means an area so designated by the
Bureau of the Census, within boundaries to be fixed by responsible
State and local officials in cooperation with each other, subject to
approval by the Secretary. Such boundaries shall, as a minimum,
encompass the entire urbanized area within a State as designated by
the Bureau of the Census."
254 PUBLIC LAW 93-87-AUG. 13, 1973 [87 STAT.
E X T E N S I O N O P T I M E FOR C O M P L E T I O N OE SYSTEM
SEC. 106. (a) The second paragraph of section 101(b) of title 23,
84 Stat. 1714. United States Code, is amended by striking out "twenty years" and
inserting in lieu thereof "twenty-three years" and by striking out
"June 30, 1976", and inserting in lieu thereof "June 30,1979".
(b) (1) The introductory phrase and the second and third sentences
of section 104(b) (5) of title 23, United States Code, are amended by
striking out "1976" each place it appears and inserting in lieu thereof
at each such place "1979".
72 Stat. 889; (2) The last four sentences of such section 104(b) (5) are amended
to read as follows: "Upon the approval by Congress, the Secretary
shall use the Federal share of such approved estimate in making
apportionments for the fiscal years ending June 30,1974, June 30,1975,
Cost estimates, ^^ Juue 30, 1976. The Secretary shall make a revised estimate of the
transmittal to ' . - , T - J I T <--I I> i •
Congress. cost oi Completing the then designated Interstatefeystem alter taking
into account all previous apportionments made under this section in
the same manner as stated above, and transmit the same to the Senate
and the House of Representatives within ten days subsequent to Janu-
ary 2, 1975. Upon the approval by Congress, the Secretary shall use
the Federal share of such approved estimate in making apportion-
ments for the fiscal years ending June 30, 1977, and J u n e 30, 1978.
The Secretary shall make a revised estimate of the cost of completing
the then designated Interstate System after taking into account all
previous apportionments made under this section in the same manner
as stated above, and transmit the same to the Senate and the House of
Representatives within ten days subsequent to January 2, 1977. Upon
the approval by Congress, the Secretary shall use the Federal share of
such approved estimates in making apportionments for the fiscal year
ending June 30, 1979. Whenever the Secretary, pursuant to this sub-
section, requests and receives estimates of cost from the State highway
departments, he shall furnish copies of such estimates at the same time
to the Senate and the House of Representatives."
DECLARATION O F P O L I C Y
SEC. 107. Subsection (b) of section 101 of title 23, United States
72 Stat. 885. Code, is amended by adding at the end thereof the following new
paragraph:
" I t is further declared that since the Interstate System is now in
the final phase of completion it shall be the national policy that
increased emphasis be placed on the construction and reconstruction of
the other Federal-aid systems in accordance with the first paragraph
of this subsection, in order to bring all of the Federal-aid systems up
to standards and to increase the safety of these systems to the maxi-
mum extent."
87 STAT.] PUBLIC LAW 9 3 - 8 7 - A U G . 13, 1973 255
MINIMIZATION OF REDTAPE
SEC. 108. Section 101 of title 23 of the United States Code is amended g/staSfVyfs!'
by adding at the end thereof the following new subsection:
"(e) I t is the national policy that to the maximum extent possible
the procedures to be utilized by the Secretary and all other aflfected
heads of Federal departments, agencies, and instrumentalities for
carrying out this title and any other provision of law relating to the
Federal highway programs shall encourage the substantial minimiza-
tion of paperwork and interagency decision procedures and the best
use of available manpower and funds so as to prevent needless dupli-
cation and unnecessary delays at all levels of government."
FEDERAL-AID URBAN SYSTEM
SEC. 109. (a) Subsection (d) of section 103 of title 23, United States
Code, is amended by striking the first, second, third, fourth, and fifth 84 stat. i7i6;
sentences and inserting in lieu thereof the following: "The Federal- °® ' P*
aid urban system shall be established in each urbanized area, and in
such other urban areas as the State highway department may desig-
nate. The system shall be so located as to serve the major centers of
activity, and shall include high traffic volume arterial and collector
routes, including access roads to airports and other transportation
terminals. No route on the Federal-aid urban system shall also be a
route on any other Federal-aid system. Each route of the system to
the extent feasible shall connect with another route on a Federal-aid
system. Routes on the Federal-aid urban system shall be selected by
the appropriate local officials so as to serve the goals and objectives
of the community, with the concurrence of the State highway depart-
ments, and, in urbanized areas, also in accordance with the planning
process under section 134 of this title. Designation of the Federal- ^^ stat. lus;
aid urban system shall be subject to the approval of the Secretary as
provided in subsection (f) of this section."
(b) Subsection (d) of section 105 of title 23, United States Code, ^^ stat. 1717.
is amended to read as follows:
" ( d ) In approving programs for projects on the Federal-aid urban
system, the Secretary shall require that such projects be selected by the
appropriate local officials with the concurrence of the State highway
department of each State and, in urbanized areas, also in accordance
with the planning process required pursuant to section 134 of this
title." '
REMOVAL OF DESIGNATED SEGMENTS OF THE INTERSTATE SYSTEM
SEC. 110. (a) Section 103(g) of title 23, United States Code, is 84 stat. 1729.
amended to read as follows:
" ( g ) The Secretary, on July 1, 1974, shall remove from designation
as a part of the Interstate System each segment of such system for
which a State has not notified the Secretary that such State intends to
construct such segment, and which the Secretary finds is not essential
to completion of a unified and connected Interstate System. Any seg-
ment of the Interstate System, with respect to which a State has not
submitted by July 1,1975, a schedule for the expenditure of funds for
completion of construction of such segment or alternative segment
within the period of availability of funds authorized to be appropri-
ated for completion of the Interstate System, and with respect to which
the State has not provided the Secretary with assurances satisfactory
to him that such schedule will be met, shall be removed from designa-
tion as a part of the Interstate System. No segment of the Interstate
System removed under the authority of the preceding sentence shall
256 PUBLIC LAW 93-87-AUG. 13, 1973 [87 STAT.
thereafter be designated as a part of the Interstate System except as
the Secretary finds necessary in the interest of national defense or for
other reasons of national interest. This subsection shall not be appli-
cable to any segment of the Interstate System referred to in section
D^c'Code 7-135 ^^^^^ ^^ ^^? Fcderal-Aid Highway Act of 1968."
note. • ° ^ ' . ( b ) Section 103 of title 23, United States Code, is amended by add-
72 Stat. 887; ing at the end thereof the following new subsection:
Ante, p. 255. " ( h ) Notwithstanding subscctions (e)(2) and (g) of this section,
in any case where a segment of the Interstate System was a designated
part of such System on June 1,1973, and is entirely within the bound-
aries of an incorporated city and such city enters into an agreement
w^th the Secretary to pay all non-Federal costs of construction of such
segment, such segment shall be constructed."
Effective date. (c) The amendments made by subsections (a) and (b) of this sec-
tion shall take effect June 30,1973.
APPORTIONMENT
72 Stat. 889. SEC. 111. (a) Section 104 of title 23, United States Code, is amended
as follows:
(1) Paragraphs (1) and (2) of subsection (b) are amended by
striking the words "star routes" each time they appear and insert-
ing in lieu thereof "intercity mail routes where service is performed
by motor vehicles".
(2) Paragraph (1) of subsection (b) is amended by striking out
"one-third in the ratio which the population of each State bears to
the total population of all the States" and inserting in lieu thereof the
following: "one-third in the ratio which the population of rural areas
of each State bears to the total population of rural areas of all the
States". The last sentence of such paragraph is amended by inserting
" (other than the District of Columbia)" immediately after "No State".
(3) Paragraph (2) of subsection (b) is amended by striking out
"one-third in the ratio which the rural population of each State bears
to the total rural population of all the States" and inserting in lieu
thereof the following: "one-third in the ratio which the population
of rural areas of each State bears to the total population of rural
areas of all of the States". The last sentence of such paragraph is
amended by inserting "(other than the District of Columbia)"
immediately after "No State".
84 Stat. 1717. (4) Paragraph (6) of subsection (b) is amended by striking the
word "urbanized" wherever it appears and inserting in lieu thereof
"urban", and by adding at the end thereof the following: "No State
shall receive less than one-half of 1 per centum of each year's
apportionment."
72 Stat. 891. (5) Subscctiou (c) is amended by striking out "20 per centum" in
each of the two places it appears and inserting in lieu thereof in each
such place the following: "40 per centum" and by striking out "para-
graph (1), (2), or ( 3 ) " and inserting in lieu thereof "paragraph (1)
or (2)".
Transfer of (6) Subscctlon (d) is amended to read as follows:
apportionment. a ^^^ ;^Q^ more tliau 40 per centum of the amount apportioned in any
fiscal year to each State in accordance with paragraph (3) or (6) of
subsection (b) of this section may be transferred from the apportion-
ment under one paragraph to the apportionment under the other para-
graph if such transfer is requested by the State highway department
and is approved by the Governor of such State and the Secretary as
beino- in the public interest. Funds apportioned in accordance with
para*graph (6) of subsection (b) of this section shall not be trans-
ferred from their allocation to any urbanized area of 200,000 popula-
tion or more under section 150 of this title, without the approval of the
87 STAT. ] PUBLIC LAW 93-87-AUG. 13, 1973 257
local officials of such urbanized area. The total of such transfers shall
not increase the original apportionment under either of such para-
graphs by more than 40 per centum."
(7) The last sentence of subsection (c) is hereby repealed. fa^s^a^* 891
(b) Notwithstanding the amendments made by subsection (a) of 23usc'io4.'
this section, no State (other than the District of Columbia) shall
receive an apportionment for the primary system which is less than the
apportionment which such State received for such system for the fiscal
Additional
year ending June 30,1973. In order to carry out this subsection, there appropriations.
is authorized to be appropriated out of the Highway Trust Fund for
the Federal-aid primary system, an additional $17,000,000 for the fiscal
year ending June 30,1974, and $15,000,000 per fiscal year for the fiscal
years ending June 30,1975, and June 30,1976. ^
A P P O R T I O N M E N T OF P L A N N I N G FUNDS
SEC. 112. Subsection (f) of section 104 of title 23, United States
Code, is amended to read as follows: 84 stat. 1717,
" ( f ) (1) On or before January 1 next preceding the commencement
of each fiscal year, the Secretary, after making the deduction author-
ized by subsection (a) of this section, shall set aside not to exceed one-
half per centum of the remaining funds authorized to be appropriated
for expenditure upon the Federal-aid systems, for the purpose of car-
rying out the requirements of section 134 of this title. ^ | 3*^*1737^*'
"(2) These funds shall be apportioned to the States in the ratio 23 use 134*.
which the population in urbanized areas or parts thereof, in each State
bears to the total population in such urbanized areas in all the States
as shown by the latest available census, except that no State shall
receive less than one-half per centum of the amount apportioned.
"(3) The funds apportioned to any State under paragraph (2) of
this subsection shall be made available by the State to the metropolitan
planning organizations designated by the State as being responsible
for carrying out the provisions of section 134 of this title. These funds
shall be matched in accordance with section 120 of this title unless the 72 stat. 898.
Secretary determines that the interests of the Federal-aid highway ^^ ^^^ ^^°"
program would be best served without such matching,
"(4) The distribution within any State of the planning funds made
available to agencies under paragraph (3) of this subsection shall be
in accordance with a formula developed by each State and approved
by the Secretary which shall consider but not necessarily be limited
to, population, status of planning, and metropolitan area transporta-
tion needs."
ADVANCE A C Q U I S I T I O N OF R I G H T S - O F - W A Y
SEC. 113. (a) The last sentence of subsection (a) of section 108 of
title 23, United States Code, is amended by striking out "seven years" 73 stat. 62.
and inserting in lieu thereof "ten years".
(b) The first sentence of paragraph (3) of subsection (c) of section
108 of title 23, United States Code, is amended by striking out "seven 82 stat. sis.
years" and inserting in lieu thereof "ten years".
N O I S E LEVEL STANDARDS
SEC. 114. Subsection (i) of section 109 of title 23, United States
Code, is amended by adding at the end thereof the following: "The s^ stat. 1735.
Secretary, after consultation with the Administrator of the Environ-
mental Protection Agency and appropriate Federal, State, and local
officials, may promulgate standards for the control of highway noise
levels for highways on any Federal-aid system for which project
approval has been secured prior to July 1, 1972. The Secretary may
22-150 O - 75 - 19
258 PUBLIC LAW 93-87-AUG. 13, 1973 [87 STAT.
approve any project on a Federal-aid system to which noise-level
standards are made applicable under the preceding sentence for
the purpose of carrying out such standards. Such project may include,
but is not limited to, the acquisition of additional rights-of-way, the
construction of physical barriers, and landscaping. Sums apportioned
for the Federal-aid system on which such project will be located shall
be available to finance the Federal share of such project. Such project
shall be deemed a highway project for all purposes of this title."
SIGNS ON P R O J E C T SITE
SEC. 115. The last sentence of subsection (a) of section 114 of title
74 Stat. 525. £3, United States Code, is amended to read as follows: "After July 1,
1973, the State highway department shall not erect on any project
where actual construction is in progress and visible to highway users
any informational signs other than official traffic control devices con-
forming with standards developed by the Secretary of Transporta-
tion."
CERTinCATIOX ACCEPTANCE
72 Stat. 897. g^^,^ ^ g (a) Scctiou 117 of title 23 of the United States Code is
amended to read as follows:
"§ 117. Certification acceptance
" ( a ) The Secretary may discharge any of his responsibilities under
this title relative to projects on Federal-aid systems, except the
Interstate System, upon the request of any State, by accepting a cer-
tification by the State highway department, or that department,
commission, board, or official of any State charged by its laws with the
responsibility for highway construction, of its performance of such
responsibilities, if he finds such projects will be carried out in accord-
ance with State laws, regulations, directives, and standards establish-
ing requirements at least equivalent to those contained in, or issued
pursuant to, this title.
"(b) The Secretary shall make a final inspection of each such
project upon its completion and shall require an adequate report of
the estimated, and actual, cost of construction as well as such other
information as he determines necessar3^
"(c) The procedure authorized by this section shall be an alter-
native to that otherwise prescribed in this title. The Secretary shall
promulgate such guidelines and regulations as may be necessary to
carry out this section.
" ( d ) Acceptance by the Secretary of a State's, certification under
this section may be rescinded by the Secretary at any time if, in his
opinion, it is necessary to do.
"(e) Nothing in this section shall affect or discharge any responsi-
bility or obligation of the Secretary under any Federal law, including
the National Environmental Policy Act of 1969 (42 U.S.C. 4321, et
83 Stat. 852. seq.), section 4(f) of the Department of Transportation Act (49
82 Stat. 824. U.S.C. 1653(f)), title V I of the Civil Eights Act of 1964 (42 U.S.C.
78 stau 2^s^2^^ 2000(d), ct seq.), title V I I I of the Act of April 11, 1968 (Public Law
82 Stat. 81. ' 90-284, 42 U.S.C. 3601 et seq.), and the Uniform Eelocation Assistance
84 Stat. 1894. and Land Acquisition Policies Act of 1970 (42 U.g.C. 4601, et seq.),
other than this title."
(b) The analysis of chapter 1, of title 23, United States Code, is
amended by striking out
"117. Secondary road responsibilities."
and inserting in lieu thereof the following:
"117. Certification acceptance.".
87 STAT. ] PUBLIC LAW 93-87-AUG. 13, 1973 259
MATERIALS AT O F F - S I T E LOCATIONS
SEC. 117. Section 121(a) of title 23 of the United States Code is 72 stat. 899.
amended by inserting after the period at the end thereof the following:
"Such payments may also be made in the case of any such materials
not in the vicinity of such construction if the Secretary determines that
because of required fabrication at an off-site location the materials
cannot be stockpiled in such vicinity."
TOLL ROADS, BRIDGES, T U N N E L S , A N D FERRIES
SEC. 118. (a) After the second sentence of section 129(b) of title 23,
United States Code, insert the following: "When any such toll road ^2 stat. 902;
which the Secretary has approved as a part of the Interstate System
is made a toll-free facility, Federal-aid highway funds apportioned
under section 104(b) (5) of this title may be expended for the con- ^"'*' P- 254.
struction, reconstruction, or improvement of that road to meet the
standards adopted for the improvement of projects located on the
Interstate System."
(b) The first sentence of subsection (e) of section 129, title 23.
United States Code, is amended by striking out "on the date of enact- 84 Stat. 1732.
ment of this subsection". The third sentence of subsection (e) of sec-
tion 129 of title 23, United States Code, is amended by striking out
"1968" and inserting in lieu thereof "1973".
U R B A N AREA T R A F F I C OPERATIONS I M P R O V E M E N T PROGRAMS
SEC. 119. Subsection (c) of section 135 of title 23, United States R^P^^^-
Code, is hereby repealed and existing subsection (d) is relettered as ^2 stat. 820.
subsection (c), including any references thereto.
T R A I N I N G PROGRAMS
SEC. 120. Subsection (b) of section 140 of title 23, United States
Code, is amended by striking out in the second sentence "and 1973," 84 stat. 1719.
and inserting in lieu thereof ", 1973, 1974, 1975, and 1976," and by
striking out "$5,000,000 per fiscal year" and inserting in lieu thereof
"$5,000,000 per fiscal year for the fiscal years 1972 and 1973, and
$10,000,000 per fiscal year for the fiscal years 1974,1975, and 1976,".
PUBLIC TRANSPORTATION
SEC. 121. (a) Section 142 of title 23, United States Code, is amended ^^ stat. 1719.
to read as follows:
"§ 142. Public Transportation
" ( a ) ( 1 ) To encourage the development, improvement, and use of
public mass transportation systems operating motor vehicles (other
than on rail) on Federal-aid highways for the transportation of pas-
sengers (hereafter in this section referred to as 'buses'), so as to
increase the traffic capacity of the Federal-aid systems for the move-
ment of persons, the Secretary may approve as a project on any
Federal-aid system the construction of exclusive or preferential bus
lanes, highway traffic control devices, bus passenger loading areas and
facilities (including shelters), and fringe and transportation corridor
parking facilities to serve bus and other public mass transportation
passengers, and sums apportioned under section 104(b) of this title ^"'e. P- 256.
shall be available to finance the cost of projects under this paragraph.
" (2) I n addition to the projects under paragraph (1), the Secretary
may, beginning with the fiscal year ending June 30, 1975, approve
as a project on the Federal-aid urban system, for payment from sums
260 PUBLIC LAW 93-87-AUG. 13, 1973 [87 STAT.
Anifp!*2 56^.^^' apportioned under section 104(b) (6) of this title, the purchase of
23 use 104. buses, and, beginning with the fiscal year ending June 30,1976, approve
as a prQJect on the Federal-aid urban system, for payment from
sums apportioned under section 104(b) (6) of this title, the construc-
tion, reconstruction, and improvement of fixed rail facilities, including
the purchase of rolling stock for fixed rail, except that not more than
$200,000,000 of all sums apportioned for the fiscal year ending June 30,
1975, under section 104(b) (6) shall be available for the payment of
the Federal share of projects for the purchase of buses.
" ( b ) Sums apportioned in accordance with paragraph (5) of sub-
Ante, p. 254. section (b) of section 104 of this title shall be available to finance the
Federal share of projects for exclusive or preferential bus, truck, and
emergency venicle routes or lanes. Routes constructed under this sub-
section shall not be subject to the third sentence of section 109(b) of
77 Stat. 277. this title,
23 u s e 109.
"(c) Whenever responsible local officials of an urbanized area notify
the State highway department that, in lieu of a highway project the
Federal share of which is to be paid from funds apportioned under
section 104(b) (6) of this title for the fiscal years ending June 30,
1974, and June 30,1975, their needs require a nonhighway public mass
transit project involving the construction of fixed rail facilities, or the
purchase of passenger equipment, including rolling stock for any mode
of mass transit, or both, and the State highway department determines
that such public mass transit project is in accordance with the plan-
76 Stat. 1148 ning process under section 134 of this title and is entitled to priority
84 Stat. 1737,
1738. ' ' " under such planning process, such public mass transit project shall be
23 use 134. submitted for approval to the Secretary. Approval of tlie plans,
specifications,, and estimates for such project by the Secretary shall
be deemed a contractual obligation of the United States for payment
out of the general funds of its proportional share of the cost of such
project in an amount equal to the Federal share which would have
been paid if such project were a highway project under section 120(a)
82 Stat. 835; of tMs title. Fuuds previously apportioned to such State under section
23*use i2o". 104(b) (6) of this title shall be reduced by an amount equal to such
Federal share.
" ( d ) The establishment of routes and schedules of such public
mass transportation systems in urbanized areas shall be based upon a
continuing comprehensive transportation planning process carried on
in accordance with section 134 of this title.
"(e) (1) For all purposes of this title, a project authorized by sub-
Ante, p 259. section (a) (1) of this section shall be deemed to be a highway project.
Highway Trust "(2) Notwithstanding section 209(f) (1) of the Highway Revenue
Fund.
70 Stat. 397. Act of 1956, the Highway Trust Fund shall be available for making
23 use 120 expenditures to meet obligations resulting from projects authorized by
note.
subsection ( a ) ( 2 ) of this section and such projects shall be subject to,
and governed in accordance with, all provisions of this title applicable
to projects on the Federal-aid urban system, except to the extent deter-
mined inconsistent by the Secretary.
"(3) The Federal share payable on account of projects authorized
by subsection (a) of this section shall be that provided in section 120
of this section.
"(f) No project authorized by this section shall be approved unless
the Secretary of Transportation has received assurances satisfactory
to him from the State that public mass transportation systems will
fully utilize the proposed project.
" ( g ) I n any case where sufficient land exists within the publicly
acquired rights-of-way of any Federal-aid highway to accommodate
needed rail or nonhighway public mass transit facilities and where
this can be accomplished without impairing automotive safety or
87 STAT.] PUBLIC LAW 9 3 - 8 7 - A U G . 13, 1973 261
future highway improvements, the Administrator may authorize a
State to make such lands and rights-of-way available without charge
to a publicly owned mass transit authority for such purposes wherever
he may deem that the public interest will be served thereby.
" ( h ) The provision of assistance under subsection (a) (2) or subsec-
tion (c) of this section shall not be construed as bringing within the ^"'®' P" '^^^•
application of chapter 15 of title 5, United States Code, any non- so stat. 403.
supervisory employee of an urban mass transportation system (or of ^ "^^ ^^°^'
any other agency or entity performing related functions) to whom
such chapter is otherwise inapplicable.
" ( i ) Funds available for expenditure to carry out the purposes of
subsection (a) (2) and subsection (c) of this section shall be supple-
mentary to and not in substitution for funds authorized and available
for obligation pursuant to the Urban Mass Transportation Act of
1964 as amended. ^^ ^*^t- ^o^.
" ( ] ) The provisions of section 3(e) (4) of the Urban Mass Trans- J^l^^^ ^^°^
portation Act of 1964, as amended, shall apply in carrying out sub- 49 use 1602.
section (a) (2) and subsection (c) of this section.
" ( k ) The Secretary shall not approve any project under subsection
(a) (2) of this section in any fiscal year when there has been enacted
an Urban Transportation Trust Fund or similar assured funding for
both highway and public transportation."
(b) The analysis of chapter 1 of title 23, United States Code, is
amended by striking out
"142. Urban highway public transportation."
and inserting in lieu thereof the following:
"142. Public transportation.".
E C O N O M I C GROWTH CENTER D E V E L O P M E N T H I G H W A Y S
84 Stat. 1729.
SEC. 122. (a) Section 143 of title 23, United States Code, is amended
by striking out "demonstration projects" each place it appears and
inserting in lieu thereof "projects", and by striking out "demonstra-
tion project" each place it appears and inserting in lieu thereof in each
such place "project", by striking out "the Federal-aid primary sys-
tem" in each place it appears and inserting in lieu thereof in each such
place "a Federal-aid system (other than the Interstate System)", and
in subsection (d) by striking out "Federal-aid primary highways" and
inserting in lieu thereof "highways on the Federal-aid system on which
such development highway is located".
(b) Section 143(e) of title 23, United States Code, is amended to
read as follows:
"(e) Except as otherwise provided in subsection (c) of this section,
the Federal share of the cost of any project for construction, recon-
struction, or improvement of a development highway under this sec-
tion shall be the same as that provided under this title for any other
project on the Federal-aid system on which such development high-
way is located."
(c) Section 143(a) of title 23, United States Code, is amended by
striking out "to demonstrate the role that highways can play".
FEDERAL-STATE, R E L A T I O N S H I P
SEC. 123. (a) Chapter 1 of title 23, United States Code, is amended 8/st^t^\-74?'
by adding at the end thereof the following new section: 23 use 101'.
**§ 145. Federal-State relationship
"The authorization of the appropriation of Federal funds or their
availability for expenditure under this chapter shall in no way
infringe on the sovereign rights of the States to determine which
262 PUBLIC LAW 93-87-AUG. 13, 1973 [87 STAT.
projects shall be federall;y^ financed. The provisions of this chapter
provide for a federally assisted State program."
(b) The analysis of chapter 1 of title 23, United States Code, is
amended by adding at the end thereof the following:
"145. Federal-state relationship."
BICYCLE TRANSPGRTATIGlSr A N D PEDESTRIAN WALKWAYS
g^72^stau^906; g^c. 124. (a) Chapter 2 of title 23, United States Code, is amended
23 use 201*. by adding at the end thereof the following new section:
**§ 217. Bicycle transportation and pedestrian walkways
" ( a ) To encourage the multiple use of highway rights-of-way,
including the development, improvement, and use of bicycle trans-
portation and the development and improvement of pedestrian walk-
ways on or in conjunction with highway rights-of-way, the States
may, on Federal-aid highway projects, include to the extent practi-
cable, suitable, and feasible, the construction of separate or prefer-
ential bicycle lanes or paths, bicycle traffic control devices, shelters
and parking facilities to serve bicycles and persons using bicycles,
and pedestrian walkways in conjunction or connection with Federal-
aid highways. Sums apportioned in accordance with paragraphs (1),
"^sla^t' 2* ^^^' (^)' ^^^' ^^^ (^) ^* section 104(b) of this title shall be available for
bicycle projects and pedestrian walkways authorized under this sec-
tion and such projects shall be located and designed pursuant to an
overall plan which will provide due consideration for safety and
contiguous routes.
"(b) For all purposes of this title, a bicycle or pedestrian walkway
project authorized by subsection (a) of this section shall be deemed to
be a highway project, and the Federal share payable on account of
such bicycle project or pedestrian walkway shall be that provided in
72 Stat. 898. sectlou 120 of tMs title.
"(c) Funds authorized for forest highways, forest development
roads and trails, public lands development roads and trails, park roads
and trails, parkways, Indian reservation roads, and public lands high-
ways shall be available, at the discretion of the department charged
with the administration of such funds, for the construction of bicycle
and pedestrian routes in conjunction with such trails, roads, highways,
and parkways.
" ( d ) No motorized vehicles shall be permitted on trails and walk-
ways authorized under this section except for maintenance purposes
and, when snow conditions and State or local regulations permit,
snowmobiles.
" (e) Not more than $40,000,000 of funds authorized to be appropri-
ated in any fiscal year may be obligated for projects authorized by
Supra.
subsections (a) and (c) of this section, and no State shall obligate
more than $2,000,000 for such projects in any fiscal year."
(b) The analysis of chapter 2, title 23, United States Code, is
amended by inserting at the end thereof the following:
"217. Bicycle transportation and pedestrian walkways."
SPECIAL U R B A N H I G H D E N S I T Y TRAFFIC PROGRAM
Ante. p. 261. §^0. 125. (a) Chapter 1 of title 23 of the United States Code is
amended by adding at the end thereof the following new section:
**§ 146. Special urban high density traffic program
Appropriation. " ( a ) There is hereby authorized to be appropriated out of the
Highway Trust Fund $50,000,000 for the fiscal year ending June 30,
1974, $50,000,000 for the fiscal year ending June 30, 1975, and
87 STAT.] PUBLIC LAW 93-87-AUG. 13, 1973 263
$50,000,000 for the fiscal year ending June 30, 1976, for the construc-
tion of highways connected to the Interstate System in portions of
urbanized areas with high traffic density. The Secretary shall develop Route desig:na-
tion and fund
guidelines and standards for the designation of routes and the alloca- allocation, guide-
tion of funds for this purpose which include the following criteria: lines and
standards.
"(1) Eoutes designated by the Secretary shall not be longer
than ten miles.
" (2) Routes designated shall serve areas of concentrated popu-
lation and heavy traffic congestion.
"(3) Routes designated shall serve the urgent needs of com-
mercial, industrial, airport, or national defense installations.
"(4) Any routes shall connect with existing routes on the
Interstate System.
"(5) Routes designated under this section shall have been
approved through the planning process required under section 134
of this title and determined to be essential by responsible local 76 Stat. 1148;
84 Stat. 1737.
officials. 23 u s e 134.
"(6) A route shall be designated under this section only where
the Secretary determines that no feasible or practicable alterna-
tive mode of transportation which could meet the needs of the
area to be served is now available or could become available in
the foreseeable future.
"(7) The designation of routes under this section shall comply
with section 138 of this title, and no route shall be designated 82 Stat. 823.
23 u s e 138.
which substantially damages or infringes upon any residential
area.
"(8) Routes shall be designated by the Secretary on the recom-
mendation of the State and responsible local officials.
"(9) No more than one route in any one State shall be desig-
nated by the Secretary.
"(10) Any route designated by the Secretary under this section
must be on a Federal-aid system.
" ( b ) The Federal share payable on account of any project author-
ized pursuant to this section shall not exceed 90 per centum of the cost
of construction of such project."
(b) The table of contents of chapter 1 of title 23 of the United
States Code is amended by adding at the end thereof the following:
"146. Special urban high density traffic program."
PRIORITY PRIMARY ROUTES
SEC. 126. (a) Chapter 1 of title 23 of the United States Code is Ante, p. 262.
amended by adding at the end thereof the following new section:
"§ 147. Priority primary routes
" ( a ) High traffic sections of highways on the Federal-aid primary
system which connect to the Interstate System shall be selected by
each State highway department, in consultation with appropriate
local officials, subject to approval by the Secretary, for priority of
improvement to supplement the service provided by the Interstate
System by furnishing needed adequate traffic collector and distributor
facilities. For the purpose of this section such highways shall here-
after in this section be referred to as 'priority primary routes'.
" ( b ) The Federal share of any project on a priority primary route Federal share,
shall be that provided in section 120(a) of this title. All provisions 82 Stat. 835;
of this title applicable to the Federal-aid primary system shall be 8423Stat. 1718.
u s e 120.
applicable to priority primary routes selected under this section except
that one-half of such funds shall be apportioned among the States in
accordance with section 104(b) (1) of this title, and one-half shall be Ante, p. 256.
264 PUBLIC LAW 93-87-AUG. 13, 1973 [87 STAT.
apportioned among the States in accordance with section 104(b) (3)
77 Stat. 276. of this title. Funds authorized to carry out this section shall be deemed
23 u s e 104.
to be apportioned on January 1 next preceding the commencement of
the fiscal year for which authorized.
Report to "(c) The initial selection of the priority primary routes and the
Congress.
estimated cost of completing such routes shall be reported to Congress
on or before July 1,1974.
Appropriation. " ( d ) There is authorized to be appropriated out of the Highway
Trust Fund to carry out this section not to exceed $100,000,000 for the
fiscal year ending June 30, 1974, $200,000,000 for the fiscal year end-
ing June 30, 1975, and $300,000,000 for the fiscal year ending June 30,
1976."
(b) The table of contents of chapter 1 of title 23 of the United
States Code is amended by adding at the end thereof the following:
"147. Priority primary routes.".
ALASKA HIGHWAY
Ante, p . 262. SEC. 127. (a) (1) Chapter 2 of title 23 of the United States Code
is amended by inserting at the end thereof a new section as follows:
"§ 218. Alaska Highway
" (a) Recognizing the benefits that will accrue to the State of Alaska
and to the United States from the reconstruction of the Alaska High-
way from the Alaskan border to Haines Junction in Canada and the
Hames Cutoff Highway from Haines Junction in Canada to the south
Alaskan border, the Secretary is authorized out of the funds appro-
priated for the purpose of this section to provide for necessary recon-
struction of such highway. Such appropriations shall remain available
Canada and until expended. No expenditures shall be made for the construction of
U.S. agreement
requirement. such highways until an agreement has been reached by the Govern-
ment ot Canada and the Government of the United States which shall
provide, in part, that the Canadian Government—
"(1) will provide, without participation of funds authorized
under this title all necessary right-of-way for the reconstruction
of such highways, which right-of-way shall forever be held
inviolate as a part of such highways for public use;
"(2) will not impose any highway toll, or permit any such toll
to be charged for the use of such highways by vehicles or persons ;
"(3) will not levy or assess, directly or indirectly, any fee, tax,
or other charge for the use of such highways by vehicles or per-
sons from the United States that does not apply equally to vehicles
or persons of Canada;
"(4) will continue to grant reciprocal recognition of vehicle
registration and drivers' licenses in accordance with agreements
between the United States and Canada; and
"(5) will maintain such highways after their completion in
proper condition adequately to serve the needs of present and
future traffic.
" ( b ) The survey and construction work undertaken pursuant to this
section shall be under the general supervision of the Secretary."
(2) The analysis of chapter 2 of title 23 of the United States Code
is amended by adding at the end thereof the following:
"218. Alaska Highway."
Appropriation. (b) For the purpose of completing necessary reconstruction of the
Alaska Highway from the Alaskan border to Haines Junction in
Canada and the Haines Cutoff Highway from Haines Junction in
Canada to the south Alaskan border there is authorized to be appro-
priated the sum of $68,670,000 to be expended in accordance with the
Supra. provisions of section 218 of title 23 of the United States Code.
87 STAT. ] PUBLIC LAW 93^7-AUG. 13, 1973 265
BRIDGES ON FEDERAL DAMS
SEC. 128. (a) Section 320(d) of title 23, United States Code, is 73 Stat. 613;
84 Stat. 1724.
amended by striking out "$16,761,000" and inserting in lieu thereof 23 u s e 320.
"$25,261,000".
(b) All sums appropriated under authority of the increased author- Limitation.
ization of $8,500,000 established by the amendment made by subsection
(a) of this section shall be available for expenditure only in connection
with the construction of a bridge across lock and dam numbered 18
on the Arkansas River near Fort Smith, Arkansas, in the amount of
$2,100,000 and in connection with reconstruction of a bridge across the
Chickamauga Dam on the Tennessee River near Chattanooga, Ten-
nessee, in the amount of $6,400,000. No such sums shall be appropri-
ated until all applicable requirements of section 320 of title 23 of the
United States Code have been complied with by the appropriate Fed-
eral agency, the Secretary of Transportation, and the State of Arkan-
sas for the Fort Smith project, and the State of Tennessee for the
Chattanooga project.
GREAT RIVER ROAD
SEC. 129. (a) Section 14 of the Federal-Aid Highway Act of 1954,
as amended (68 State. 70; Public Law 83-350), is amended by striking 78 Stat. 1092,
out "$500,000" and inserting in lieu thereof "$600,000".
(b) Chapter 1 of title 23 of the United States Code is amended by Ante, p. 263,
inserting at the end thereof a new section as follows:
*'§ 148. Development of a national scenic and recreational highway
" ( a ) As soon as possible after the date of enactment of this section, Great River
Road.
the Secretary shall establish criteria for the location and construction
or reconstruction of the Great River Road by the ten States bordering
the Mississippi River. Such criteria shall include requirements that—
"(1) priority be given in the location of the Great River Road
near or easily accessible to the larger population centers of the
State and further priority be given to the construction and
improvement of the Great River Road in the proximity of the
confluence of the Mississippi River and the Wisconsin River;
"(2) the Great River Road be connected with other Federal-aid
highways and preferably with the Interstate System;
" (3) the Great River Road be marked with uniform identifying
signs;
"(4) effective control, as defined in section 131 of this title, of 79 Stat. 1028.
23 u s e 131.
signs, displays, and devices will be provided along the Great River
Road;
" (5) the provisions of section 129 (a) of this title shall not apply 72 Stat. 902.
23 u s e 129.
to any bridge or tunnel on the Great River Road and no fees shall
be charged for the use of any facility constructed with assistance
under this section.
" ( b ) For the purpose of this section, the term 'construction' includes 'eonstruction.
the acquisition of areas of historical, archeological, or scientific inter-
est, necessary easements for scenic purposes, and the construction or
reconstruction of roadside rest areas (including appropriate recre-
ational facilities), scenic viewing areas, and other appropriate facil-
ities as determined by the Secretary.
" (c) Highways constructed or reconstructed pursuant to this section
(except subsection (f)) shall be part of the Federal-aid system. Post, p . 266.
" ( d ) Funds appropriated for each fiscal year pursuant to subsection Apportionment.
(g) shall be apportioned among the ten States bordering the Missis-
sippi River on the basis of their relative needs as determined by the
Secretary for payments to carry out this section.
266 PUBLIC LAW 93-87-AUG. 13, 1973 [87 STAT.
Federal share. u (^^ rj^^i^ Federal share of the cost of any project for any construc-
tion or reconstruction pursuant to the precedinj^ subsections of this
23 u*sc u^o' section shall be that provided in section 120 of this title for the Fed-
eral-aid system on which such project is located, and if such project
is not on such a system, such share shall be 70 per centum of such cost.
" ( f ) The Secretary is authorized to consult with the heads of other
Federal departments and agencies having jurisdiction over Federal
lands open to the public in order to enter into appropriate arrange-
ments for necessary construction or reconstruction of highways on
such lands to carry out this section. Highways constructed or recon-
structed by a State pursuant to this section which are not on a Federal-
aid system, and highways constructed or reconstructed under this
subsection, shall be subject to the criteria applicable to highways con-
structed or reconstructed pursuant to subsection (c) of this section.
Funds authorized pursuant to subsection (g) shall be used to pay the
entire cost of construction or reconstruction pursuant to the first sen-
tence of this subsection.
Appropriation. " ( g ) There is authorized to be appropriated to carry out this sec-
tion, out of the Highway Trust Fund, for construction or reconstruc-
tion of roads on a Federal-aid highway system, not to exceed
$10,000,000 for the fiscal year ending June 30,1974, $25,000,000 for the
fiscal year ending June 30,1975, and $25,000,000 for the fiscal year end-
ing June 30,1976, for allocations to the States pursuant to this section,
and there is authorized to be appropriated to carry out this section out
of any money in the Treasury not otherwise appropriated, not to
exceed $10,000,000 for each of the fiscal years ending June 30, 1974,
June 30, 1975, and June 30, 1976, for construction and reconstruction
of roads not on a Federal-aid highway system."
(c) The table of contents of chapter 1 of title 23 of the United States
Code is amended by inserting at the end thereof the following:
"148. Development of a national scenic and recreational highway.".
ALASKAN ASSISTANCE
SEC. 130. Subsection (b) of section 7 of the Federal-Aid Highway
84 Stat. 1735. ^(>t of 1966 Is amended by striking out at the end of the last sentence
"June 30, 1972 and June 30, 1973." and substituting "June 30, 1972,
June 30, 1973, June 30, 1974, June 30, 1975, and June 30, 1976."
ROUTE 1 0 1 I N N E W HAMPSHIRE
SEC. 131. (a) The amount of all Federal-aid highway funds paid on
account of those sections of Route 101 in the State of New Hampshire
referred to in subsection (c) of this section shall, prior to the collection
of any tolls thereon, be repaid to the Treasurer of the United States on
or before October 1, 1977. The amount so repaid shall be deposited to
the credit of the appropriation for "Federal-Aid Highways (Trust
F u n d ) " . At the time of such repayment, the Federal-aid projects with
respect to which such funds have been repaid and any other Federal-
aid project located on said sections of such toll road and programed
for expenditure on any such project, shall be credited to the unpro-
gramed balance of Federal-aid highways funds of the same class last
apportioned to the State of New Hampshire. The amount so credited
shall be in addition to all other funds then apportioned to said State
and shall be available for expenditure in accordance with the provi-
72 Stat. 885. sious of title 23, United States Code, as amended or supplemented.
seq. ^^^ ^°^ ^^ (b) Upon the repayment of Federal-aid highway funds and the can-
cellation and withdrawal from the Federal-aid highway program of
87 STAT. ] PUBLIC LAW 93-87-AUG. 13, 1973 JJ67
the projects on said sections of Route 101 as provided in subsection (a)
of this section, such sections of said route shall become and be free of
any and all restrictions contained in title 23, United States Code, as
amended or supplemented, or in any regulation thereunder, with ^2 stat. sss.
respect to the imposition and collection of tolls or other charges seq.
thereon or for the use thereof.
(c) The provisions of this section shall apply to the following Appiicabinty.
sections:
(1) That section of Route 101 from Route 125 in Epping to Brent-
wood Corners, a distance of approximately two and thirty one-hun-
dredths centerline miles.
(2) That section of Route 101 in the vicinity of Sells Corner in
Auburn, beginning approximately two and forty one-hundredths cen-
terline miles east of the junction of Interstate Route 93 and running
easterly approximately two miles.
F R E E I N G I N T E R S T A T E TOLL BRIDGES
SEC. 132. Section 129, title 23, United States Code, as amended by
section 139 of this Act, is amended by adding at the end thereof the ^°^*' P- 2^°-
following new subsection:
" ( h ) Notwithstanding the provisions of section 301 of this title, in 72 stat. 912.
the case of each State which, before January 1, 1975, shall have con-
structed or acquired any interstate toll bridge (including approaches
thereto), which before January 1, 1975, caused such toll bridge to be
made free, which bridge is owned and maintained by such State or by
a political subdivision thereof, and which bridge is on the Federal-aid
primary system (other than the Interstate System), sums appor-
tioned to such State in accordance with paragraphs (1) and (3) of
subsection (b) of section 104 of this title shall be available to pay -J*"'®' %l^^''
the Federal share of a project under this subsection of (1) such
a.mount as the Secretary determines to be the reasonable value of such
bridge after deducting therefrom that portion of such value attrib-
utable to any grant or contribution previously paid by the United
States in connection with the construction or acquisition of such
bridge, and exclusive of rights-of-way, or (2) the amount by which
the principal amount of the outstanding unpaid bonds or other obliga-
tions created and issued for the construction or acquisition of such
bridge exceeds the amount of any funds accumulated or provided for
their amortization, on the date such bridge is made free, whichever is
the lesser amount."
STUDY OF TOLL BRIDGE AUTHORITY
SEC. 133. (a) The Secretary of Transportation is authorized and strtulerLd re
directed to undertake a full and complete investigation and study of lations, investi-
existing Federal statutes and regulations governing toll bridges over gation and study.
the navigable waters of the United States for the purpose of deter-
mining what action can and should be taken to assure just and rea-
sonable tolls nationwide. The Secretary shall submit a report of the p^^^"'* *°
findings of such study and investigation to the Congress not later than °"^'^®^-
July 1, 1974, together with his recommendations for modifications or
additions to existing laws, regulations, and policies, except that in the
case of the toll bridge at Chester, Illinois, the Secretary shall sub-
mit a report to the Congress not later than December 31,1973.
(b) The Secretary of Transportation shall promulgate regulations Regulations,
establishing guidelines governing any increase in tolls for use of any
bridge constructed pursuant to either the General Bridge Act of 1906 ^^ ^^^ '^^^
or the General Bridge Act of 1946. "°33*usc 525
note.
268 PUBLIC LAW 93-87-AUG. 13, 1973 [87 STAT.
N A T I O N A L SCENIC H I G H W A Y SYSTEM STUDY
SEC. 134 (a) The Secretary of Transportation shall make a full
and complete investigation and studj^ to determine the feasibility of
establishing a national system of scenic highways to link together and
make more accessible to the American people recreational, historical,
scientific, and other similar areas of scenic interest and importance. I n
the conduct of such investigation and study, the Secretary shall cooper-
ate and consult with other agencies of the Federal Government, the
Commission on Highway Beautification, the States and their political
subdivisions, and other interested private organizations, groups, and
Report to individuals. The Secretary shall report his findings and recommenda-
Congress,
tions to the Congress not later than July 1,1974, including an estimate
Appropriation. of the cost of implementing such a program. There is authorized to be
appropriated $250,000 from the Highway Trust Fund to carry out
this subsection.
P a r k s and (b) The Secretary of Transportation shall make a full and complete
recreation a r e a s ,
user access investigation and study to examine problems of user access to parks,
study. recreation areas (including public recreation areas on Federal lakes),
historic sites and wildlife refuges. Such study and investigation shall
include, but not be limited to, an analysis of the desirability and feasi-
bility of a national scenic road and parkways system referred to in
subsection (a) including benefits to the user if any and the total long
range environmental impact of such system on the Nation's recreation
resources; alternatives to private automobile access to parks and rec-
reation resources, including mass transit; and special problems of safe
access to urban and metropolitan parks and recreation resources. I n
the conduct of such investigations and study, the Secretary shall
cooperate and consult with other agencies of the Federal Government,
the States and their political subdivisions, and interested private
Report to organizations, groups and individuals. The Secretary shall report his
Congress.
findings and recommendations to the Congress not later than Janu-
ary 1, 1975, including an estimate of the cost of implementing any
suggested programs.
DISTRICT OF COLUMBIA
Nonapplica- SEC. 135. None of the provisions of the Act entitled "An Act to pro-
bility.
vide a permanent system of highways in that part of the District of
Columbia lying outside of cities", approved March 2, 1893 (27 Stat.
D.C. Code 532), as amended, shall apply to any segment of the Interstate System
7-108.
within the District of Columbia.
CORRIDOR H E A R I N G S
'vrxi
SEC. 136. (a) The Secretary of Transportation shall permit no fur-
ther action on Interstate Route 1-287 between Montville and Mahwah,
New Jersey, until new corridor hearings are held.
(b) The Secretary of Transportation shall permit no further action
on the Corporation Freeway, Winston-Salem, North Carolina, until
new corridor hearings are held.
Reports. (c) The new corridor hearings required by this section shall be held
and the reports thereon shall be made no later than one year after the
date of enactment of this section.
INTERSTATE SYSTEM
SEC. 137. (a) Paragraph (2) of subsection (e) of section 103 of title
81 Stat. 772; 23, United States Code, is amended as follows:
84 Stat. 1716.
87 STAT. ] PUBLIC LAW 93-87-AUG. 13, 1973 269
(1) The first sentence is amended by striking out "additional mile-
age lor the Interstate System of two hundred miles, to be used in mak-
ing modifications" and inserting in lieu thereof "additional mileage
for the Interstate System of five hundred miles, to be used in making
modifications".
(2) The fourth sentence is amended by striking out "the 1968 Inter-
state System cost estimate set forth in House Document Numbered
199, Ninetieth Congress, as revised," and inserting in lieu thereof the
following: "the 1972 Interstate System cost estimate set forth in House
Public Works Committee Print Numbered 92-29, as revised in House
Keport Numbered 92-1443."
(3) The fifth sentence is amended by striking out "due regard" and
inserting in lieu thereof the following: "preference, along with due
regard for interstate highway type needs on a nationwide basis,".
(b) Subsection (e) of section 103 of title 23, United States Code, is ^"^«' P- 268..
amended by adding the following:
"(4) Upon the joint request of a State Governor and the local gov-
ernments concerned, the Secretary may withdraw his approval of any
route or portion thereof on the Interstate System within any urban-
ized area in that State selected and approved in accordance with this
title prior to the enactment of this paragraph, if he determines that
such route or portion thereof is not essential to completion of a unified
and connected Interstate System or will no longer be essential by rea-
son of the application of this paragraph and will not be constructed as
a part of the Interstate System, and if he receives assurances that the
State does not intend to construct a toll road in the traffic corridor
which would be served by such route or portion thereof. The mileage of
the route or portion thereof approval of which is withdrawn under
this paragraph shall be available for designation on the Interstate
System in any other State in accordance with paragraph (1) of this
subsection. After the Secretary has withdrawn his approval of any
such route or portion thereof, whenever responsible local officials of
such urbanized area notify the State highway department that, in lieu
of a route or portion thereof approval for which is withdrawn under
this paragraph, their needs require a nonhighway public mass transit
project involving the construction of fixed rail facilities, or the pur-
chase of passenger equipment, including rolling stock for any mode of
mass transit, or both, and the State highway department determines
that such public mass transit project is in accordance with the plan-
ning process under section 134 of this title and is entitled to priority 76 stat. IMS;
under such planning process, such public mass transit project shall be ^'*2rusc^i34'.
submitted for approval to the Secretary. Approval of the plans, speci-
fications, and estimates for such project by the Secretary shall be
deemed a contractual obligation of the United States for payment out
of the general funds in the Treasury of its proportional share of the
cost of such project in an amount equal to the Federal share which
would be paid for such a project under the Urban Mass Transporta-
tion Act of 1964, except that the total Federal cost of all such projects ^8 stat. 302.
under this paragraph with respect to such route or portion thereof note.'^^*^ ^^°^
approval of which is withdrawn under this paragraph, shall not
exceed the Federal share of the cost which would have been paid for
such route or portion thereof, as such cost is included in the 1972
Interstate System cost estimate set forth in table 5 of House Public
Works Committee Print Numbered 92-29, as revised in House Report
Numbered 92-1443. Funds apportioned to such State for the Inter-
state System, which apportionment is based upon an Interstate System
cost estimate that includes a route or portion thereof approval of
which is withdrawn under this paragraph, shall be reduced by an
amount equal to the Federal share of such project as such share
270 PUBLIC LAW 93-87-AUG. 13, 1973 [87 STAT.
becomes a contractual obligation of the United States. No general
funds shall be obligated under authority of this paragraph after
June 30, 1981. No nonhighway public mass transit project shall be
approved under this paragraph unless the Secretary has received
assurances satisfactory to him from the State that public mass trans-
portation systems will fully utilize the proposed project. The provi-
sion of assistance under this paragraph shall not be construed as
bringing within the application of chapter 15 of title 5, United States
80 Stat. 403. Code, any nonsupervisory employee of an urban mass transportation
5 u s e 1501.
system (or of any other agency or entity performing related func-
tions) to whom such chapter is otherwise inapplicable. Funds avail-
able for expenditure to carry out the purposes of this paragraph shall
be supplementary to and not in substitution for funds authorized and
available for obligation pursuant to the Urban Mass Transportation
78 Stat. 302. Act of 1964, as amended. The provisions of section 3(e)(4) of the
49 u s e 1601 Urban Mass Transportation Act of 1964, as amended, shall apply in
note.
49 u s e 1602. carrying out this paragraph."
rUBLIC MASS TRANSPORTATION STUDIES
Evaluation. SEC. 138. (a) The Secretary shall, in cooperation with the Governor
of each State and appropriate local officials, make an evaluation of that
portion of the 1972 National Transportation Report, pertaining to
public mass transportation. Such evaluation shall include all urban
areas. The evaluation shall include but not be limited to the following:
(1) I^etining the public mass transportation needs contained in
such report.
(2) Developing a program to accomplish the needs of each
urban area for public mass transportation.
(3) Analyzing the existing funding capabilities of Federal,
State, and local governments for meeting such needs.
(4) Analyzing other funding capabilities of Federal, State, and
local governments for meeting such needs.
(5) Determining the operating and maintenance costs relating
to the public mass transportation system.
(6) Determining and comparing fare structures of all public
mass transportation systems.
Report to The Secretar}^ shall, not later than July 1, 1974, report to Congress
eongress.
the results of this evaluation together with his recommendations for
necessary legislation.
Tax revenues, (b) The Secretary shall conduct a study of revenue mechanisms,
study.
including a tax on fuels used in the provision of urban mass transpor-
tation service, and an additional gasoline tax imposed in urban areas,
which could be used now or in the future to finance transportation
activities receiving financial assistance from the Highway Trust Fund.
Such study shall include an analysis of the magnitude of the various
potential sources of user tax revenues, the rates at which such taxes
could be levied (including possible differential rates), the mechanisms
for collection of such taxes, the incidence of such taxes, and the poten-
tial impact on transit usage caused by such taxes. The Secretary shall
report to the Congress the findings of his studj?^ by no later than the
180th day after the date of enactment of this section.
Appropriation. (c) There is hereby auhorized not to exceed $10,000,000 to carry out
this section.
FERRY OPERATIONS
SEC. 139. (a) The last subsection of section 129 of title 23, United
84 Stat. 1736. States Code, is hereby redesignated as subsection ( g ) .
87 STAT.] PUBLIC LAW 93-87-AUG. 13, 1973 271
(b) Paragraph (5) of subsection (g) of section 129 of title 23,
United States Code, as redesignated in subsection (a) of this section, Ante, p. 270.
is amended to read as follows:
" (5) Such ferry may be operated only within the State (includ-
ing the islands which comprise the State of Hawaii) or between
adjoining States. Except with respect to operations between the
islands which comprise the State of Hawaii and operations
between the States of Alaska and Washington, or between any
two points within the State of Alaska, no part of such a ferry
operation shall be in any foreign or international waters."
METRO ACCESSIBILITY TO T H E HANDICAPPED
SEC. 140. The Secretary of Transportation is authorized to make ^f^^^l^^ll^.l'^l
payments to the Washington Metropolitan Area Transit Authority in poutan Area
amounts sufficient to finance 80 per centum of the cost of providing Transit Authority.
such facilities for the subway and rapid rail transit system authorized
D . C . Code
in the National Capital Transportation Act of 1969 (83 Stat. 320) as 1-1441 note.
may be necessary to make such subway and system accessible by the
handicapped through implementation of Public Laws 90-480 and
91-205. There is authorized to be appropriated, to carry out this sec- 8482Stat.
Stat. 718;
49.
tion, not to exceed $65,000,000. 42 u s e 4151.
ENVIRONMENTAL IMPACT STATEMENTS
SEC. 141. (a) The Secretary of Transportation shall, not later than
forty-five days after the date of enactment of this section, complete
all necessary action on (1) the environmental impact statement pur-
suant to section 102(2) (C) of the National Environmental Policy
Act of 1969, and (2) the application for approval under the General 83 Stat. 853.
42 u s e 4332.
Bridge Act of 1946, with respect to the proposal for construction by 60 Stat. 847.
the Department of Transportation of the State of New Jersey of a 33 u s e 525
note.
bridge over the Raritan River in such State for the purpose of such
State's Highway Route 18.
(b) The Secretary of Transportation shall—
(1) by October 1,1973—
(A) complete the draft environmental impact statement
pursuant to section 102(2) (C) of the National Environmen-
tal Policy Act and his determination under section 4(f) of
the Department of Transportation Act and section 138 of 82 Stat. 824.
49 u s e 1653.
title 23 of the United States Code, on the project for Inter- 82 Stat. 8 2 3 .
state Route Numbered 66 in the State of Virginia from the
National Capital Beltway to the Potomac River, which proj-
ect is described in the 1972 estimate of the cost of completing
the National System of Interstate and Defense Highways as
estimate section termini E 10.4.2 at the Beltway to E 10.11.1
in Rosslj^n,
(B) circulate such statement to all interested Federal,
State, and local agencies and to the public for comment
within forty-five days, and
(C) insure that notice of a public hearing on the design
and location of such project is issued;
(2) insure that a public hearing is held within forty-five days
after issuance of the notice pursuant to paragraph (1) (C) of this
subsection; and
(3) not later than December 31,1973, complete consideration of
the information received at the hearing, review any comments on
the statement received within the forty-five-day notice period
referred to in paragraph (1) (B) of this subsection and any other
272 PUBLIC LAW 93-87-AUG. 13, 1973 [87 STAT.
iiiforinatioii received by the end of siicli forty-tive-day period and
tile the final version of such statement on the basis of such com-
ments and information, together with any other final determina-
tion which he is required by law to make in order to permit the
construction of such project to proceed. The determination of the
Secretary shall be conclusive with respect to all issues of fact.
U'RITCK L A N E S
Ante. p. 265. s^j..^,^ ^^ (a) Chapter 1 of title 23, United States Code, is amended
by adding to the end thereof the following new section :
* § 149. Truck lanes
"The Secretary may approve as a project on any Federal-aid sys-
tem the construction of exclusive or preferential truck lanes."
(b) The analysis of chapter 1 of title 23, United States Code, is
amended by adding at the end thereof the following:
••14i). Truck lanes.".
HKIHWAY STUDIES
coiTg^es^s!" y^Y-.v.. 143. The Secretary of Transportation shall report to (\)ngress
by flanuar-y 1, 1975, on the feasibility and necessity for constructing
to appropriate standards proposed highways along the following-
routes :
(1) A route fi-om Brunswick, Geor-gia, or its vicinity, to Kansas
City, Missouri, or its vicinity, so aligned to serve the following
intermediate locations, or vicinities thereof: Columbus. Georgia;
Birmingham, Alabama; Tupelo, Mississippi; Memphis, Tennes-
see; Batesville or Jonesboro, Arkansas; and Springfield, Missouri.
(2) A route from Kansas City, Missouri, or its vicinity, to Chi-
cago, Illinois, or its vicinity, so aligned as to cross the Mississippi
River at a point between Xauvoo, Illinois, on the north, and
Hannibal, Missouri, on the south.
(3) A route from Amarillo, Texas, or its vicinity to Las Cruces,
New Mexico, or its vicinity, so aligned as to serve the following
intermediate locations, or vicinities thereof: Hereford, Texas;
Clovis, New Mexico; Portales, Xew Mexico; Roswell, New
Mexico; Ruidoso, New Mexico; Tularosa, New Mexico; and
Alamogordo, New Mexico together with a branch route from
Alamogordo, New Mexico, or its vicinity, to El Paso, Texas, or its
vicinity, to connect with Interstate Route No. 10 and the port of
entry with Mexico.
(4) A route from the Port of Catoosa, Catoosa, Oklahoma, or
its vicinity, to Interstate Route No. 35 to Ponca City, Oklahoma,
or its vicinity.
(5) Extension of Interstate Highway 7() from Cove Fort, Utah,
or its vicinity, in a westerly direction, so aligned to serve the inter-
mediate locations of Ely and Carson City, Nevada, or their
vicinities.
(6) A route from Kansas City. Missouri, or its vicinity, to
l^aton Rouge. Louisiana, or its vicinity, so aligned to ser-ve one or
both of the following intermediate locations or vicinities thereof:
Fayetteville, Fort Smith, and Texarkana, Arkansas; or Little
Rock, Arkansas, or- any other route through the State of Arkansas
determined feasible by such State and the Secretary.
(7) A route from Intei'state Highway 380 from Waterloo. Iowa,
via Dubuque, Iowa, to Interstate Highway 90 at Rockford, Illi-
nois; and an extension of Interstate Highway 74 from the Daven-
port, lowa-Moline, Illinois, area through DubiKjue. Iowa, to
Inter-state 90 at LaCrosse. Wisconsin.
87 STAT. ] PUBLIC LAW 93-87-AUG. 13, 1973 273
(8) Extension of Interstate Highway 27 from Lubbock, Texas,
or its vicinity in a southerly direction to intersect with Interstate
20 and, proceeding further, to intersect with Interstate 10.
(9) A route from Salina, Kansas, or its vicinity, in a northerly
direction to intersect with Interstate 80 in the vicinity of York,
Nebraska, and, proceeding further, to Interstate 29 in the vicinity
of Watertown, South Dakota.
(10) A route from Wichita, Kansas, or its vicinity to Tucum-
cari. New Mexico, or its vicinity, so aligned to serve the following
intermediate locations or vicinities thereof: Pratt, Kansas; Meade,
Kansas; Liberal, Kansas; Guymon, Oklahoma; Stafford, Texas;
Dalhart, Texas; and Logan, New Mexico; or any other route
through the State of Kansas determined feasible by such State
and the Secretary.
INTER-AMERICAN HIGHWAY
SEC. 144. Section 4 of the Federal-Aid Highway Act of 1962 (Public
Law 87-866; 76 Stat. 1145) is amended by striking out "$82,000,000"
and inserting in lieu thereof "$42,000,000".
DONATIONS
SEC, 145. (a) Chapter 3 of title 23 of the United States Code is ^^^l,l\%%^-
amended by adding at the end thereof the following: 23 use 301".
"§323. Donations
"Nothing in this title, or in any other provision of law, shall be con-
strued to prevent a person whose real property is being acquired in
connection with a project under this title, after he has been tendered
the full amount of the estimated just compensation as established by
an approved appraisal of the fair market value of the subject real
property, from making a gift or donation of such property, or any
part thereof, or of any of the compensation paid therefor, to a Federal
agency, a State or a State agency, or a political subdivision of a State,
as said person shall determine."
(b) The analysis of chapter 3 of title 23, United States Code, is
amended by adding at the end thereof the following:
"323. Donations.".
H I G H - S P E E D TRANSPORTATION DEMONSTRATION
SEC. 146. The Secretary is authorized to undertake a study and High-speed bus
demonstration program for high-speed bus service from collection ^^••^''=^' study.
points in the Washington, District of Columbia area to Dulles Inter-
national Airport, Virginia. Such study and demonstration shall utilize
exclusive bus transportation lanes between points of origin and termi-
nation of such service, and include, where necessary, the construction
of such exclusive bus transportation lanes as well as terminal and park-
ing facilities. Such study and demonstration shall also include the
purchase of high-speed buses. As necessary to implement this section,
the Secretary shall undertake research into the development of buses
designed to maintain high-speed, safe transportation. Not to exceed
$10,000,000 of the amount authorized to be apportioned under section
104(b) (6) of title 23, United States Code, for the fiscal year ending ^"'«' P- 256.
June 30, 1975, shall be available to the Secretary to carry out this
section and such sum shall be set aside for such purpose prior to the
apportionment of such amount for such fiscal year.
22-150 0 - 7 5 - 2 0
274 PUBLIC LAW 93-87-AUG. 13, 1973 [87 STAT.
RURAL HIGHWAY P U B L I C TRANSPORTATION DEMONSTRATION PROGRAM
Appropriation. s^c. 147. To eiicourage the development, improvement, and use
of public mass transportation systems operating vehicles on high-
ways for transportation of passengers within rural areas, in order to
enhance access of rural populations to employment, health care, retail
centers, education, and public services, there are authorized to be
appropriated $30,000,000 for the two-fiscal-year period ending
June 30, 1976, of which $20,000,000 shall be out of the Highway Trust
Fund, to the Secretary of Transportation to carry out demonstration
projects for public mass transportation on highways in rural areas.
Projects eligible for Federal funds under this section shall include
highway traffic control devices, the construction of passenger loading
areas and facilities, including shelters, fringe and transportation cor-
ridor parking facilities to serve bus and other public mass transporta-
tion passengers, and the purchase of passenger equipment other than
rolling stock for fixed rail.
FEDERAL-AID SYSTEMS REALIGNMENT
72 Stat. 887. SEC. 148. (a) Section 103(b) of title 23, United States Code, is
renumbered as section 103(b) (1) and a new section 103(b) (2) is added
to read as follows:
"(2) After June 30, 1976, the Federal-aid primary system shall
consist of an adequate system of connected main roads important to
interstate, statewide, and regional travel, consisting of rural arterial
routes and their extensions into or through urban areas. The Federal-
aid primary system shall be designated by each State acting through
its State highway department and where appropriate, shall be in
accordance with the planning process pursuant to section 134 of this
title, subject to the approval of the Secretary as provided by subsec-
ion (f) of this section."
72 Stat. 888; (b) Section 103(c) of title 23, United States Code, is renumbered
76 Stat. 1147.
as section 103(c)(1) and a new subsection 103(c)(2) is added to
read as follows:
"(2) After June 30, 1976, the Federal-aid secondary system shall
consist of rural major collector routes. The Federal-aid secondary
system shall be designated by each State through its State highway
department and appropriate local officials in cooperation with each
other, subject to the approval of the Secretary as provided in sub-
section (f) of this section."
Ante, p. 255. (c) Section 103(d) of title 23, United States Code, is renumbered
as section 103(d) (1) and a new subsection 103(d) (2) is added to read
as follows:
"(2) After June 30, 1976, the Federal-aid urban system shall be
located in each urbanized area and such other urban areas as the State
highway departments may designate and shall consist of arterial
routes and collector routes, exclusive of urban extensions of the Fed-
eral-aid primary system. The routes on the Federal-aid urban system
shall be designated by appropriate local officials, with the concurrence
of the State highway departments, subject to the approval of the
84 Stat. 1716. Secretary as provided in subsection (f) of this section, and in the case
of urbanized areas shall also be in accordance with the planning proc-
76 Stat. 1148;
84 Stat. 1737. ess required pursuant to the provisions of section 134 of this title."
23 u s e 134. (d) Federal-aid systems realignment shall be based upon antici-
pated functional usage in the year 1980 or a planned connected system.
(e) In addition to the foregoing amendments, the second sentence
Supra. of section 103(c) (1) of title 23, United States Code, is amended to
insert, after the words "local rural roads," the phrase, "access roads to
airports,".
87 STAT. ] PUBLIC LAW 93-87-AUG. 13, 1973 :275
TOLL ROAD REIMBURSEMENT PROGRAM
SEC. 149. (a) Whenever the State of Louisiana has received its final
apportionment of sums authorized to be appropriated for expenditure
on the Interstate System, or on or after July 1, 1977, whichever first
occurs, the Secretary shall, notwithstanding the provisions of subsec-
tion (b) of section 129 of title 23 of the United States Code, reimburse ^"'«' P- 259.
the Federal share of the actual cost of construction of new toll high-
ways or improvements to existing toll highways in that State, con-
struction of which highways or improvement is begun after July 1,
1973, but not including the cost of toll collection and service facilities,
on the same basis and in the same manner as in the construction of free
highways under chapter 1 of title 23 of the United States Code upon ^^ sta^. sss.
compliance with the conditions contained in this section.
(b) The Secretary shall reimburse the Federal share of the costs of
construction as applicable to a project under section 120(a) of title 23
of the United States Code from funds apportioned to such State pur- g/statfVr^is!'
suant to paragraph (1) of subsection (b) of section 104 of title 23
of the United States Code whenever the State enters into an agreement Ante, p. 256,.
with the Secretary whereby it undertakes performance of the foUow-
ing obligations:
(1) to provide for the construction of such highway in accord-
ance with standards approved by the Secretary;
(2) all tolls received from the operation of such highway, less
the actual cost of such operation and maintenance, shall be applied
by the State to the repayment of the actual costs of construction,
except for an amount equal to the Federal share payable of such
actual costs of a project; and
(3) no tolls shall be charged for the use of such highway
after the Federal share has been paid and the highway shall be
maintained and operated as a free highway.
Upon the enactment of this section the Secretary shall, at the request of
the State of Louisiana, enter into an agreement with that State if such
agreement meets the requirements of this subsection. Reimbursements
shall not be made until after the State receives its final apportionment
of sums authorized to be appropriated for expenditure on the Inter-
state System or July 1, 1977, whichever first occurs.
(c) Such highway shall be designated as a part of the Federal-aid
primary system, other than the Interstate System, before the payment
of any Federal funds under this section, notwithstanding the mileage
limitations in subsection (b) of section 103 of title 23 of the United
States Code. Ante, p. 274.
(d) The Federal share payable of such actual cost of the project
shall be made in not more than fifteen equal annual installments, from
the funds apportioned to the State pursuant to paragraph (1) of sub-
section (b) of section 104 of title 23 of the United States Code, with
the first installment being made either (1) one year after the project
agreement has been entered into between the Secretary and the State
highway department or (2) either one year after the State receives
its final apportionment of sums authorized to be appropriated for
expenditure on the Interstate System, or July 1,1977, whichever first
occurs, whichever of such clause (1) or (2) is last to occur. Such pay-
ment shall be applied against the outstanding obligations of the
project.
PARKWAYS
SEC. 150. (a) Subsection (a) of section 207 of title 23, United States
Code, is amended to read as follows: 72 stat. 908.
276 PUBLIC LAW 93-87-AUG. 13, 1973 [87 STAT.
" ( a ) Funds available for parkways shall be used to pay for the
cost of construction and improvement thereof, including the acquisi-
tion of rights-of-way and related scenic easements."
Ante. p. 275. ^i^^ Sectiou 207 of title 23, United States Code, is amended by add-
ing at the end thereof the following new subsection:
" ( d ) Any parkway project on a Federal-aid system shall be subject
to all of the requirements of this title and of any other law applicable
to highways on such system."
RESEARCH A N D PLANNING
SEC. 151. Subsection (c) (1) of section 307 of title 28, United States
77 Stat. 277. Code, is amended to read as follows:
"(c) (1) Not to exceed 11^ per centum of the sums apportioned for
each fiscal year beginning with fiscal year 1974 to any State under sec-
Ante, p. 256. tion 104 of this title shall be available for expenditure upon request of
the State highway department, with the approval of the Secretary,
with or without State funds, for engineering and economic surveys
and investigations; for the planning of future highway programs and
local public transportation systems and for planning for the financing
thereof; for studies of the economy, safety, and convenience of high-
way usage and the desirable regulation and equitable taxation thereof;
and for research and development, necessary in connection with the
planning, design, construction, and maintenance of highways and
highway systems, and the regulation and taxation of their use."
TEC^HNICAL A M E N D M E N T S
SEC. 152. Title 23, United States Code, is amended as follows:
72 Stat. 885. (1) Section 101(a) is amended by striking out "Secretary of (Com-
merce" and inserting in lieu thereof "Secretary of Transportation".
84 Stat. 1734. (2) Section 109(g) is amended by striking out "Ret" and inserting
in lieu thereof "Act".
7^2 Stat. 901, (3) Sections 126(a) and 310 are amended by striking out "Com-
914
merce" each place it appears and inserting in lieu thereof "Transpor-
tation".
(4) The heading of section 303 is amended to read:
"Administration organization.*'
(5) Sections 308(b), 309, 312, and 314 are amended by striking out
"Bureau of Public Roads" each place it appears and inserting in lie\i
thereof "Federal Highway Administration".
(6) Sections 312 and 314 are amended by striking out "(^ommerce"
each place it appears and inserting in lieu thereof "Transportation".
INCREASED FEDERAL S H A R E — E F F E C T I V E DATE
SEC. 153. Subsection (b) of section 108 of the Federal-Aid Highway
^i ^*^*-/Ji^- Act of 1970 is amended to read as follows:
OO TTCf^ 1 2 0 • • •
note. "(b) The amendments made by subsection (a) of this section shall
take effect with respect to all obligations incurred after June 30,1973."
T E R M I N A T I O N OF FEDERAL-AID RELATIONSHIP
SEC. 154. (a) Notwithstanding any other provisions of Federal law
or any court decision to the contrary, the contractual relationship
between the Federal and State Governments shall be ended with
respect to all portions of the San Antonio North Expressway between
Interstate Highway 35 and Interstate Tjoop 410, and the expressway
shall cease to be a Federal-aid project.
87 STAT. ] PUBLIC LAW 93-87-AUG. 13, 1973 277
(b) The amount of all Federal-aid highway funds paid on account
of sections of the San Antonio North Expressway in Bexar County,
Texas (Federal-aid projects numbered U 244(7), U 244(10), U G
244(9), U 244(8), and U 244(11)), shall be repaid to the Treasurer of
the United States and the amount so repaid shall be deposited to the
credit of the appropriation for "Federal-Aid Highways (Trust
F u n d ) " . At the time of such repayment the Federal-aid projects with
respect to which funds have been repaid and any other Federal-aid
projects located on such expressway and programed for expenditure
on such project, if any, shall be canceled and withdrawn from the
Federal-aid highway program. Any amount so repaid, together with
the unpaid balance of any amount programed for expenditure on any
such project shall be credited to the unprogramed balance of Federal-
aid highway funds of the same class last apportioned to the States,
respectively. The amount so credited shall be available for expenditure
in accordance with the provisions of title 23, United States Code, as ^2 st^^. sss
23 u s e 101 et
amended. eq.
H I G H W A Y L I T T E R STUDY
SEC. 155. (a) The Secretary is directed to undertake a study of litter
accumulation within the rights-of-way of the Federal-aid highway
systems and recommend improved procedures to be used by the sev-
eral States to prevent and clean up such highway litter on a regular
basis. The Secretary shall report his findings and recommendations to (.^^^"gg'"
the Congress by June 30,1974.
(b) For the purposes of this section, the term "litter" means bev-
erage and food containers, food wastes, paper products, smoking mate-
rials or packaging, and any other materials which the Secretary finds
are commonly used and discarded by the traveling public and which,
when discarded along highway rights-of-way, cause an unsightly
appearance, a danger to public health or safety, or an unreasonable
expenditure of public funds.
(c) Funds authorized to carry out section 307 of title 23, United
States Code, are authorized to be used to carry out the investigation 72 stat. 913.
and study required by this section.
BRIDGE APPROACH STANDARDS
SEC. 156. Section 109 of title 23, United States Code, is amended by ^'^ ^'^'' ^^^''^•
adding at the end thereof the following subsection:
" ( k ) The Secretary shall not approve any project involving
approaches to a bridge under this title, if such project and bridge will
significantly affect the traffic volume and the highway system of a
contiguous State without first taking into full consideration the views
of that State."
ALLOCATION OF U R B A N SYSTEM FUNDS
SEC. 157. (a) Chapter 1 of title 23, United States Code, is amended ^"'^' P- 272.
by adding at the end thereof the following new section;
"§ 150. Allocation of urban system funds
"The funds apportioned to any State under paragraph (6) of sub-
section (b) of section 104 of this title that are attributable to urbanized 84 stat. 1717.
areas of 200,000 population or more shall be made available for expend- 23 use io4.
iture in such urbanized areas for projects in programs approved
under subsection (d) of section 105 of this title in accordance with a Ante. p. 255.
fair and equitable formula developed by the State which formula has
been approved by the Secretary. Such formula shall provide for fair
and equitable treatment of incorporated municipalities of 200,000 or
more population. Whenever such a formula has not been developed and
278 PUBLIC LAW 93-87-AUG. 13, 1973 [87 STAT.
approved for a State, the funds apportioned to any State under para-
Ante, p. 256. graph (6) of subsectiou (b) of section 104 of this title which are
attributable to urbanized areas having a population of 200,000 or more
shall be allocated among such urbanized areas Avithin such State for
projects in programs approved under subsection (d) of section 105
of this title in the ratio that the population within each such urbanized
area bears to the population of all such urbanized areas, or parts
thereof, within such State. In the expenditure of funds allocated under
the preceding sentence, fair and equitable treatment shall be accorded
incorporated municipalities of 200,000 or more population."
(b) The table of contents of chapter 1 of title 23, United States
Code, is amended by adding at the end thereof the following:
"150. Allocation of urban system funds.".
FRANCONIA NOTCH, N E W HAMPSHIRE
SEC. 158. Notwithstanding section 109(b) of title 23 of the United
77 Stat. 277; States Code, the Secretary of Transportation is authorized, upon appli-
80 Stat. 767.
cation of the Governor of the State, to approve construction of that
section of Interstate Koute 93 from B20.6 an interchange with State
route 3A in North Woodstock, New Hampshire, to B22.1 an inter-
change with U.S. Route 3 in Franconia, New Hampshire, approxi-
mately twelve miles in length, as a parkway type highway to geometric
and construction standards (whether or not in accordance with sec-
tion 109(b)) which the Secretary determines are necessary for the
safety of the traveling public, for the protection of the environment,
and for the preservation of the park-like and historic character of the
Franconia Notch area adjacent to the highway. The State of New
Hampshire, with the concurrence of the vSecretary, is authorized to
permit the use of the above section of highway to specified types of
vehicles during specified times of the day and of the year.
D W I G H T D. E I S E N H O W E R HIGHWAY
SEC. 159. (a) The following segments of the National System of
Interstate and Defense Highways which form a continuous interstate
highway link from coast to coast are hereby designated as the "Dwight
D. Eisenhower Highway":
(1) Interstate Route 70 between Washington, District of
Columbia, and Denver, Colorado;
(2) Interstate Route 25 between Denver, Colorado, and Chey-
enne, Wyoming; and
(3) Interstate Route 80 between Cheyenne, Wyoming, and San
Francisco, California.
(b) Any law, regulation, map, document, record, or other paper of
the United States in which such segments are designated or referred
to shall be held to designate or refer to such segments as the "Dwight
D. Eisenhower Highway".
CUMBERLAND GAP N A T I O N A L HISTORICAL P A R K
SEC. 160. (a) Notwithstanding the definition of parkways in sub-
72 Stat. 885. sectiou (a) of section 101, funds available for parkways shall be avail-
able to finance the cost of reconstruction and relocation of Route 25E
through the Cumberland Gap National Historical Park, including
construction of a tunnel and the approaches thereto, so as to permit
restoration of the Gap and provide adequate traffic capacity.
(b) Upon construction, such highway and tunnel and all associated
lands and rights-of-way shall be transferred to the National Park
Service and managed as part of the Cumberland Gap National Histori-
cal Park.
87 STAT.] PUBLIC LAW 93-87-AUG. 13, 1973 !279
HIGHLAND SCENIC HIGHWAY
SEC. 161. (a) The Secretary of Agriculture (acting through the
Forest Service) is authorized to develop and construct as a parkway
the Highland Scenic Highway from West Virginia State Route 39 to
U.S. 250 near Barton Knob. Notwithstanding subsection (c) of sec-
tion 103 of title 23, United States Code, such parkway shall be a route Ante, p. 274.
on the Federal-aid secondary system.
(b) The route from Richwood, West Virginia, to U.S. 250 near
Barton Knob, via West Virginia State Route 39 and the parkway
authorized by subsection (a) of this section shall be designated as the
Highland Scenic Highway,
(c) The Secretary of Agriculture is authorized to acquire rights- Land acquisi-
tion.
of-way, land containing such rights-of-way, and interests in land,
including scenic easements and mineral rights, necessary to carry out
the purpose of a scenic highway. I n addition to the acquisition of such
lands and interests in lands, funds available for parkways shall be
available for the reclamation of lands within the scenic corridor of the
Highland Scenic Highway.
(d) Funds available for parkways shall be available for signs on
Interstate highways, Appalachian highways and other appropnate
highways at natural points of access to such geographic area, indicat-
ing the direction and distance to the Highland Scenic Highway and to
Richwood as "Gateway to the Highland Scenic Highway".
(e) Funds available for parkways shall be available for upgrading
that portion of West Virginia State Route 39 designated as the High-
land Scenic Highway to appropriate standards for a scenic and recrea-
tional highway, including the construction of vistas and other scenic
improvements.
(f) The Highland Scenic Highway as authorized by subsection (a)
of this section and all associated lands and rights-of-way shall be man-
aged as part of the Monongahela National Forest, solely for scenic and
recreational use and passenger car travel.
(g) The Highland Scenic Highway as authorized by subsection (a) Design and
of this section shall be designed and constructed in accordance with construction
standards.
standards appropriate for a scenic highway, providing for moderate
speeds and minimizing modification to topographic contours and
natural drainage.
(h) Construction of the portion of the Highland Scenic Highway Upper Shavers
Fork watershed
as authorized by subsection (a) of this section which is proposed to po/ttion, con-
be constructed through the upper Shavers Fork watershed shall not struction condi
be initiated until—
(1) the Forest Service has acquired sufficient lands and inter-
ests in land (including mineral rights) in such watershed to assure
an adequate scenic corridor for the Highland Scenic Highway
and the control of water quality in Shavers Fork; and
(2) the completion of a geological and soil survey of any pro-
posed route, conducted in cooperation with the Division of Water
Resources of the West Virginia Department of Natural Resources.
(i) Any parkway authorized in the future to proceed southward in
such area shall begin in the immediate vicinity of Richwood, West
Vira:inia.
(j) Any connection of the Highland Scenic Highway as authorized
by subsection (a) of this section with Corridor H of the Appalachian
Development Highway System or any more northerly segment of the
Highland Scenic Highway shall utilize existing routes and not involve
construction through the Monongahela National Forest between U.S.
250 and Cunningham Knob.
280 PUBLIC LAW 93-87-AUG. 13, 1973 [87 STAT.
P R O H I B I T I O N OF D I S C R I M I N A T I O N O N T H E BASIS OF SEX
Ante, p . 273. SEC. 162. (a) Chapter 3 of title 23, United States Code is amended
by adding at the end thereof the following new section:
"§ 324. Prohibition of discrimination on the basis of sex
"No person shall on the ground of sex be excluded from participa-
tion in, be denied the benefits of, or be subjected to discrimination
under any program or activity receiving Federal assistance under
this title or carried on under this title. This provision will be enforced
through agency provisions and rules similar to those already estab-
lished, with respect to racial and other discrimination, under title V I
78 Stat. 252. of the Civil Rights Act of 1964. However, this femedy is not exclusive
42 u s e 2000d.
and will not prejudice or cut off any other legal remedies available to
a discriminatee."
(b) The analysis of chapter 3, title 23, United States Code, is
amended by adding at the end thereof the following:
"324. Prohibition of discrimination on the basis of sex.".
DEMONSTRATION PROJECT—^RAlLROAlD-HIGHWAY CROSSINGS
SEC. 163. (a) The Secretary of Transportation shall enter into such
arrangements as may be necessary to carry out demonstration projects
in Lincoln, Nebraska, Wheeling, West Virginia, and Elko, Nevada, for
the relocation of railroad lines from the central area of the cities in
conformance with the methodology developed under proposals sub-
mitted to the Secretary by the respective cities. The cities shall (1)
have a local agency with legal authority to relocate railroad facilities,
levy taxes for such purpose, and a record of prior accomplishment;
and (2) have a current relocation plan for such lines which has a
favorable benefit-cost ratio involving and having the unanimous
approval of three or more class 1 railroads in Lincoln, Nebraska, and
the two class 1 railroads in Wheeling, West Virginia, and Elko,
Nevada, and multicivic, local, and State agencies, and which provides
for the elimination of a substantial number of the existing railway-
road conflict points within the city.
(b) The Secretary of Transportation shall carry out a demonstra-
tion project for the elimination or protection of certain public ground-
level rail-highway crossings in, or in the vicinity of, Springfield,
Illinois.
(c) The Secretary of Transportation shall enter into such arrange-
ments as may be necessary to carry out demonstration projects in
Brownsville, Texas, and Matamoros, Mexico, for the relocation of rail-
road lines from the central area of the cities in conformance with the
methodology developed under proposals submitted to the Secretary by
the Brownsville Navigation District, providing for the construction of
an international bridge and for the elimination of a substantial num-
ber of existing railway-road conflict points within the cities.
(d) The Secretary of Transportation shall enter into such arrange-
ments as may be necessary to carry out a demonstration project in
East Saint Louis, Illinois, for the relocation of rail lines between
Thirteenth and Forty-third Streets, in accordance with methodology
approved by the Secretary. The Secretary of Transportation shall
carry out a demonstration project for the relocation of rail lines in
the vicinity of Carbondale, Illinois.
(e) The Secretary of Transportation shall enter into such arrange-
ments as may be necessary to carry out a demonstration project in
New Albany, Indiana, for the elimination of the existing rail loop and
relocation of rail lines to a location between Vincennes Street and East
87 STAT.] PUBLIC LAW 93-87-AUG. 13, 1973 :281
Eighth Street, in accordance with methodology approved by the
Secretary.
(f) The Secretary of Transportation shall carry out demonstration
projects for the construction of an overpass at the rail-highway grade
crossing on Cottage Grove Avenue between One Hundred Forty-
second Street and One Hundred Thirty-eighth Street in the village
of Dolton, Illinois, and the construction of an overpass at the rail-
highway grade crossing at Vermont Street and the Rock Island
Railroad tracks in the city of Blue Island, Illinois.
(g) The Secretary of Transportation shall carry out a demonstra-
tion project for the elimination of the ground level railroad highway
crossing on United States Route 69 in Greenville, Texas.
(h) The Secretary of Transportation shall carry out a demonstra-
tion project in Anoka, Minnesota, for the construction of an underpass
at the Seventh Avenue and County Road 7 railroad-highway grade
crossing.
(i) The Federal share payable on account of such projects shall be
that provided in section 120 of this title. 72 Stat. 898.,
23 u s e 120.
(j) The Secretary shall make annual reports and a final report to Reports to
the President and the Congress with respect to his activities pursuant President and
Congress.
to this section.
(k) There is authorized to be appropriated to carry out this section Appropriation.
(other than subsection (1)) not to exceed $15,000,000 for the fiscal year
ending June 30, 1974, $25,000,000 for the fiscal year ending June 30,
1975, and $50,000,000 for the fiscal year ending June 30, 1976, except
that two-thirds of all funds authorized and expended under authority
of this section in any fiscal year shall be appropriated out of the High-
way Trust fund.
(1) The Secretary, in cooperation with State highway departments Highway safety
study.
and local officials, shall conduct a full and complete investigation and
study of the problem of providing increased highway safety by the
relocation of railroad lines from the central area of cities on a nation-
wide basis, and report to the Congress his recommendations resulting Report to
Congress.
from such investigation and study not later than July 1,1975, includ-
ing an estimate of the cost of such a program. Funds authorized to
carry out section 307 of title 23, United States Code, are authorized to 72 Stat, 913.
be used to carry out the investigation and study required by this
subsection.
FINANCIAL ASSISTANCE AGREEMENTS
SEC. 164. (a) No Federal financial assistance shall be provided under
(1) subsection (a) or (c) of section 142, title 23, United States Code, -^"J^' P- ^SS-
(2) paragraph (4) of subsection (e) of section 103, title 23, United ' "'
States Code, or (3) the Urban Mass Transportation Act of 1964, for 78 stat. 302.
the purchase of buses to any applicant for such assistance unless such note."^*^ ^^°^
applicant and the Secretary of Transportation shall have first entered
into an agreement that such applicant will not engage in charter bus
operations in competition with private bus operators outside of the
area within which such applicant provides regularly scheduled mass
transportation service. A violation of such agreement shall bar such
applicant from receiving any other Federal financial assistance under
those provisions of law referred to in clauses (1), (2), and (3) of this
subsection.
(b) No Federal financial assistance shall be provided under (1)
subsection (a) or (c) of section 142, title 23, United States Code, (2)
paragraph (4) of subsection (e) of section 103, title 23, United States
Code, or (3) the Urban Mass Transportation Act of 1964, for the pur-
chase of buses to any applicant for such assistance unless such appli-
cant and the Secretary of Transportation shall have first entered into
282 PUBLIC LAW 93-87-AUG. 13, 1973 [87 STAT.
an agreement that such applicant will not engage in school bus opera-
tions, exclusively for the transportation of students and school
personnel, in competition with private school bus operators. This sub-
section shall not apply to an applicant with respect to operation of a
school bus program if the applicant operates a school system in the
area to be served and operates a separate and exclusive school bus
program for this school system. This subsection shall not apply unless
private school bus operators are able to provide adequate transporta-
tion, at reasonable rates, and in conformance with applicable safety
standards, and this subsection shall not apply with respect to any
State or local public body or agency thereof if it (or a direct predeces-
sor in interest from which it acquired the function of so transporting
school children and personnel along with facilities to be used there-
for) was so engaged in school bus operations any time during the
twelve-month period immediately prior to the date of the enactment of
this subsection. A violation of an agreement under this subsection shall
bar such applicant from receiving any other Federal financial assist-
ance under those provisions of law referred to in clauses (1), (2), and
(3) of this subsection.
BUS AND OTHER P R O J E C T STANDARDS
SEC. 165. (a) The Secretary of Transportation shall require that
buses acquired with Federal financial assistance under (1) subsection
Ante, p . 259. (a) or (c) of section 142 of title 23, United States Code, (2) paragraph
Ante, p . 269. (4) of subsection (e) of section 103, title 23, United States Code, or
Ante, p . 274. (3) section 147 of the Federal-aid Highway Act of 1973 meet the
standards prescribed by the Administrator of the Environmental Pro-
84 Stat. 1690. tection Agency under section 202 of the Clean Air Act, and under sec-
42 use 1857f-l,
86 Stat. 1237. tion 6 of of the Noise Control Act of 1972, and shall authorize the
42 use 4905. acquisition, wherever practicable, of buses which meet the special
criteria for low-emission vehicles set forth in section 212 of the Clean
84 Stat. 1700. Air Act, and for low-noise-emission products set forth in section 15
42 u s e 1857f-
of the noise Control Act of 1972.
86 Stat. 1245. (b) The Secretary of Transportation shall assure that projects
42 u s e 4914.
receiving Federal financial assistance under (1) subsection (a) or (c)
of section 142 of title 23, United States Code, (2) paragraph (4) of
subsection (e) of section 103, title 23, United States Code, or (3) sec-
tion 147 of the Federal-aid Highway Act of 1973 shall be planned and
designed so that mass transportation facilities and services can effec-
tively be utilized by elderly and handicapped persons who, by reason
of illness, injury, age, congenital malfunction, or other permanent or
temporary incapacity or disability are unable without special facilities
or special planning or design to utilize such facilities and services as
effectively as persons not so affected.
TITLE II
SHORT T I T L E
SEC. 201. This title may be cited as the "Highway Safety Act of
1973".
HIGHWAY SATETY
Appropriation. SEC. 202. The following sums are hereby authorized to be appro-
priated :
Post, p . 290. (1) For carrying out section 402 of title 23, United States Code
(relating to highway safety programs), by the National Highway
Traffic Safety Administration, out of the Highway Trust Fund,
$100,000,000 for the fiscal year ending June 30, 1974, ^125,000,000 for
87 STAT. ] PUBLIC LAW 93-87-AUG. 13, 1973 283
the liscal year ending June 80, 1975, and $150,()()(),()0() for the fiscal
year ending June 30,1976.
(2) For carrying out section 403 of title 28, United States Code Post, p. 286.
(relating to highway safety research and development), by the
National Highway Traffic Safety Administration, out of the Highway
Trust Fund, $42,500,000 for the fiscal year ending June 30, 1974,
$55,000,000 for the fiscal year ending June 80, 1975, and $65,000,000
for the fiscal year ending June 30,1976.
(3) For carrying out section 402 of title 28, United States Code Post, p. 290..
(relating to highway safety programs), by the Federal Highway
Administration, out of the Highway Trust Fund, $25,000,000 for the
fiscal year ending June 30, 1974, $30,000,000 for the fiscal year ending:
June 30, 1975, and $35,000,000 for the fiscal year ending June 30,1976.
(4) For carrying out sections 307(a) and 403 of title 23, United
States (^ode (relating to highway safety research and development), 8472Stat.
Stat. 913;
1723.
by the Federal Highway Administration, out of the Highway Trust
Fund, for each of the fiscal years ending June 30,1974, June 80,1975.
and June 80, 1976, not to exceed $10,000,000 per fiscal vear.
RAIL-HIGHWAY CROSSINGS
SEC. 208, (a) Each State shall conduct and systematically main- state survey.
tain a survey of all highways to identify those railroad crossings
which may require separation, relocation, or protective devices, and
establish and implement a schedule of projects for this purpose. At a Signs.
minimum, such a schedule shall provide signs for all railroad-highway
crossings.
(b) In addition to funds which may be otherwise available to carry Hazard elimina-
tion, additional
out section 180 of title 28, United States Code, there is authorized to appropriation.
be appropriated out of the Highway Trust Fund for projects for the 72 Stat. 903.
elimination of hazards of railway-highway crossings $25,000,000 for
the fiscal year ending June 30,1974, $75,000,000 for the fiscal year end-
ing June 80, 1975, and $75,000,000 for the fiscal year ending June 80,
1976. At least half of the funds authorized and expended under this Protective
devices.
section shall be available for the installation of protective devices at
railway-highway crossings. Such sums shall be available for obligation
in the same manner, and to the same extent as if such funds were
apportioned under this chapter.
(c) Funds authorized by this section shall be available solely for Funds, restric-
tion.
expenditure for projects on any Federal-aid system (other than the
Interstate System).
(d) 50 percent of the funds made available in accordance with sub- State appor-
tionment.
section (c) shall be apportioned to the States in the same manner as
sums authorized to be appropriated under subsection (a) (1) of section
104 of the Federal-Aid Highway Act of 1978 and 50 percent of the Ante, p. 251.
funds made available in accordance with subsection (c) shall be
apportioned to the States in the same manner as sums authorized to be
appropriated under subsection (a) (2) of section 104 of the Federal-
Aid Highway Act of 1973. The Federal share payable on account of
any such project shall be 90 per centum of the cost thereof.
(e) Each State shall report to the Secretary of Transportation not Report to
Secretary of
later than September 30,1974, and not later than September 30 of each Transportation.
year thereafter, on the progress being made to implement the railroad-
highway crossings program authorized by this section and the effec-
tiveness of such improvements. Each State report shall contain an
assessment of the costs of the various treatments employed and subse-
quent accident experience at improved locations. The Secretary of Report to
Congress.
Transportation shall submit a report to the Congress not later than
January 1, 1975, and not later than January 1, of each year thereafter,
284 PUBLIC LAW 93-87-AUG. 13, 1973 [87 STAT.
on the progress being made by the States in implementing projects to
improve railroad-highway crossings. The report shall include, but not
be limited to, the number of projects undertaken, their distribution by
cost range, road system, nature of treatment, and subsequent accident
experience at improved locations. I n addition, the Secretary's report
shall analyze and evaluate each State program, identify any State
found not to be in compliance with the schedule of improvements
required by subsection ( a ) , and include recommendation for future
implementation of the railroad-highway crossings program.
Matching funds.
(f) Funds authorized by this section may be used to provide local
government with funds to be used on a matching basis when State
funds are available which may only be spent when local government
produces matching funds for the improvement of railroad crossings.
BRIDGE RECONSTRUCTION AND REPLACEMENT
SEC. 204. (a) Subsection (e) of section 144 of title 23, United States
84 Stat. 1741. Code, is amended by striking out "1972; and" and inserting in lieu
thereof "1972,"; by inserting immediately after "1973," the following:
"$25,000,000 for the fiscal year ending June 30, 1974, $75,000,000 for
the fiscal year ending June 30,1975, and $75,000,000 for the fiscal year
ending June 30, 1976".
Funds, restric- (b) Subsection (f) of section 144 of title 23, United States Code, is
tion.
relettered as subsection (g) (including references thereto); and imme-
diately after subsection (e) the following new subsection (f) is
inserted:
"(f) Funds authorized by this section shall be available solely for
expenditure for projects on any Federal-aid system."
(c) Existing subsection (g) of section 144 of title 23, United States
Code, is relettered as subsection (h) (including references thereto).
P A V E M E N T M A R K I N G DEMONSTRATION PROGRAM
Ante, p . 277. SEC. 205. (a) Chapter 1 of title 23, United States Code, is amended
by adding at the end thereof the following new section:
"§ 151. Pavement marking demonstration program
" (a) Congress hereby finds and declares it to be in the vital interest
of the Nation that a pavement marking demonstration program be
established to enable the several States to improve the pavement mark-
ing of all highways to provide for greater vehicle and pedestrian
safety.
"(b) Notwithstanding the provisions of the last sentence of sub-
72 Stat. 891, section (a) of section 105 of this title, the Secretary may approve
23 u s e 105.
under this section such pavement marking projects on any highway
whether or not on any Federal-aid system, but not included in the
Interstate System, as he may find necessary to bring such highway to
the pavement markinjor standards issued or endorsed by the Federal
Highwav Administrator.
"(c) I n approving projects under this section, the Secretary shall
give priority to those projects which are located in rural areas and
which are either on the Federal-aid secondary system or are not
included on any Federal-aid system.
" ( d ) The entire cost of projects approved under subsections (b)
and (f) of this section shall be paid from sums authorized to carry out
this section.
Appropriation. "(e) For the purpose of carrying out the provisions of this section
by the Federal Highway Administration, there is hereby authorized
to be appropriated for the fiscal year ending June 30,1974, $25,000,000,
and for each of the fiscal years ending June 30, 1975, and June 30,
87 STAT. ] PUBLIC LAW 93-87-AUG. 13, 1973 285
1976, out of the Highway Trust Fund, the sum of $75,000,000. Such
sums shall be available for obligation in the same manner and to the
same extent as if such funds were apportioned under this chapter.
" ( f ) Funds not required for pavement-marking projects author- Released funds.
ized by this section may be released by the Secretary for expenditure
for projects to eliminate or reduce the hazards to safety at specific
locations or sections of highways which are not located on any
Federal-aid system and which have high accident experiences or high
accident potentials. Funds may be released by the Secretary under condition.
this subsection only if the Secretary has received satisfactory assur-
ances from the State highway department that all nonurban area
highways within the State are marked in accordance with the
pavement-marking standards issued or endorsed by the Federal High-
way Administrator for carrying out this program.
" ( g ) Each State shall report to the Secretary of Transportation secritT* *of
not later than September 30, 1974, and not later than September 30 Transportation.
of each year thereafter, on the progress being made in implementing
the program and the effectiveness of the improvements made under it.
Each report shall include an analysis and evaluation of the number,
rate, and severity of accidents at improved locations and the cost-
benefit ratio of such improvements, comparing an adequate time period
before and after treatment in order to properly assess the benefits
occurring from such pavement markings. The Secretary of Trans- Report to
portation shall submit a report to the Congress not later than Janu- *^°"^'"^^^'
ary 1, 1975, and not later than January 1 of each year thereafter, on
the progress being made in implementing the program and the safety
benefits achieved under it."
(b) The analysis of chapter 1 of title 23, United States Code is
amended by adding at the end thereof the following:
"151. Pavement marking demonstration program.".
P A V E M E N T M A R K I N G RESEARCH A N D DEMONSTRATION PROGRAMS
SEC. 206. (a) I n addition to the research authorized by section
307(a) of title 23, United States Code, the Secretary of Transporta- 72 stat. gis;
tion is authorized to conduct research and demonstration programs to ^"^ ^*^*" ^^^^*
improve the effectiveness and durability of various types of pavement
markings and related delineators, to develop improved equipment and
techniques for applying, erecting, and maintaining such markings
and delineators, and to develop new traffic control materials, devices,
and related delineators to assist the traveling public during adverse
weather and nighttime driving conditions.
(b) There is authorized to be appropriated to carry out this section Appropriation.
by the Federal Highway Administration, out of the Highway Trust
Fund, $10,000,000 for the fiscal year ending June 30, 1974, and
$10,000,000 for the fiscal year ending June 30, 1975.
H I G H W A Y SAFETY O N I N D I A N RESERVATIONS
SEC. 207. (a) Section 402 of title 23 of the United States Code is so stat. 731
84 Stat. 1740.
amended by addmg a new subsection (1) as follows:
" ( i ) F o r the purpose of the application of this section on Indian
reservations, 'State' and 'Governor of a State' includes the Secretary
of the Interior and 'political subdivision of a State' includes an Indian
tribe: Provided, That, notwithstanding the provisions of subpara-
graph (C) of subsection (b) (1) hereof, 95 per centum of the funds
apportioned to the Secretary of the Interior after date of enactment,
shall be expended by Indian tribes to carry out highway safety pro-
grams within their jurisdictions: And 'provided further, That the
provisions of subparagraph ( E ) of subsection (b) (1) hereof shall be Post, p . 294.
286 PUBLIC LAW 93-87-AUG. 13, 1973 [87 STAT.
applicable except in those tribal jurisdictions in which the Secretary
determines such programs would not be practicable."
80 Stat. 7 3 1 ; (b) Subsection (d) of section 402 of title 23, United States Code,
84 Stat. 1740.
is amended by inserting before the period at the end of the first sen-
tence thereof the following: "and except that, in the case of a local
highway safety program carried out by an Indian tribe, if the Secre-
tary^ is satisfied that an Indian tribe does not have sufficient funds
available to meet the non-Federal share of the cost of such program,
he may increase the Federal share of the cost thereof payable under
this Act to the extent necessary".
DRUG U S E A N D DRIVER BEHAVIOR H I G H W A Y SAFETY RESEARCH
80 Stat. 7 3 3 . SEC. 208. (a) Section 403 of title 23, United States Code, is amended
by inserting " ( a ) " immediately before the first sentence thereof, and
by striking out "this section" each place it appears and inserting in lieu
thereof "this subsection", and by adding at the end thereof the follow-
ing new subsections:
'(b) In addition to the research authorized by subsection (a) of this
section, the Secretary, in consultation with such other Government
and private agencies as may be necessary, is authorized to carry out
safety research on the following:
"(1) The relationship between the consumption and use of
drugs and their effect upon highway safety and drivers of motor
vehicles; and
"(2) Driver behavior research, including the characteristics of
driver performance, the relationships of mental and physical abil-
ities or disabilities to the driving task, and the relationship of fre-
quency of driver accident involvement to highway safety.
"(c) The research authorized by subsection (b) of this section may
be conducted by the Secretary through grants and contracts with pub-
lic and private agencies, institutions, and individuals."
Appropriation. (b) There is authorized to be appropriated to carry out the amend-
ments made by this section by the National Highway Traffic Safety
Administration, out of the Highway Trust Fund, the sum of
$10,000,000 per fiscal year for each of the fiscal years ending June 30,
1974, June 30,1975, and June 30,1976.
P R O J E C T S FOR H I G H - H A Z A R D LOCATIONS
Ante, p . 284. SEC. 209. (a) Chapter 1 of title 23, United States Code, is amended
by adding at the end thereof the following new section:
"§ 152. Projects for high-hazard locations
Engineering " ( a ) Each State shall conduct and systematically maintain an
survey.
engineering survey of all highways to identify high-hazard locations
which may constitute a danger to vehicles and to pedestrians, assign
priorities for the correction of such locations, and establish and imple-
ment a schedule of projects for their improvement.
Appropriation. " ( b ) For projects to eliminate or reduce the hazards at specific loca-
tions or sections of highways which have high accident experiences or
high accident potentials, by the Federal Highway Administration,
there is hereby authorized to be appropriated, out of the Highway
Trust Fund, for the fiscal year ending June 30, 1974, $50,000,000, and
for each of the fiscal years ending June 30,1975, and June 30,1976, the
sum of $75,000,000 shall be appropriated out of the Highway Trust
Fund. Such sums shall be available for obligation in the same manner
and to the same extent as if such funds were apportioned under this
chapter.
87 STAT. ] PUBLIC LAW 93-87-AUG. 13, 1973 287
"(c) Funds authorized by this section shall be available solely for ^j^""'^^' '•'^*"*='
expenditure for projects on any Federal-aid system (other than the
Interstate System) except in the Virgin Islands, Guam, and American
Samoa.
" ( d ) Funds made available in accordance with subsection (b) shall
be apportioned to the States in the same manner as is provided in sec-
tion 492(c) of this title, and the Federal share payable on account of ^°®^ P- 290.
any such project shall be 90 per centum of the cost thereof.
"(e) Each State shall report to the Secretary of Transportation not Report to
later than September 30,1974, and not later than September 30 of each T^ans*porta/ion.
year thereafter, on the progress being made to implement projects for
high-hazard locations and the effectiveness of such improvements.
Each State report shall contain an assessment of the cost of, and safety
benefits derived from, the various means and methods used to mitigate
or eliminate hazards and the previous and subsequent accident experi-
ence at these locations. The Secretary of Transportation shall submit Report to
a report to the Congress not later than January 1, 1975, and not later °"^'^^^^-
than January 1 of each year thereafter, on the progress being made by
the States in implementing projects for improvements at high-hazard
locations. The report shall include, but not be limited to, the number of
projects undertaken, their distribution by cost range, road system,
means and methods used, and the previous and subsequent accident
experience at improved locations. I n addition, the Secretary's report
shall analyze and evaluate each State program, identify any State
found not to be in compliance with the schedule of improvements
required by subsection (a) and include recommendations for future
implementation of the spot improvements program."
(b) The analysis of chapter 1 of title 23, United States Code, is
amended by adding at the end thereof the following:
"152. Projects for high-hazard locations.".
PROGRAM FOR T H E E L I M I N A T I O N OF ROADSIDE OBSTACLES
SEC. 210. (a) Chapter 1 of title 23, United States Code, is amended ^"'^' P- 2^^-
by adding at the end thereof the following new section:
*^§ 153. Program for the elimination of roadside obstacles
" ( a ) Each State shall conduct and systematically maintain an Engineering
engineering survey of all highways to identify roadside obstacles ^"'•''^^*
which may constitute a hazard to vehicles and to pedestrians, assign
priorities for the correction of such obstacles and establish and imple-
ment a schedule of projects for their elimination. Such a schedule
shall provide for the replacement, to the extent necessary, of existing
sign and light supports which are not designed to yield or break away
upon impact. Yielding or breakaway sign and light supports shall be
used, where appropriate, on all new construction or reconstruction of
highways.
" ( b ) For projects to correct roadside hazards by the Federal High- Appropriation.
way Administration, there is hereby authorized to be appropriated,
out of the Highway Trust Fund, for the fiscal year ending June 30,
1974, $25,000,000, and for each of the fiscal years ending June 30,1975,
and June 30, 1976, the sum of $75,000,000. Such sums shall be avail-
able for obligation in the same manner and to the siame extent as if
such funds were apportioned under this chapter.
"(c) Funds authorized by this section shall be available solely for Funds, restric-
expenditure for projects on any Federal-aid system (other than the tion.
Interstate System) except in the Virgin Islands, Guam, and American
Samoa.
288 PUBLIC LAW 93-87-AUG. 13, 1973 [87 STAT.
" ( d ) Funds made available in accordance with subsection (c) shall
be apportioned to the States in the same manner as is j)rovided in sec-
tion 402(c) of this title, and the Federal share payable on account of
any such project shall be 90 per centum of the cost thereof.
Report to "(e) Each State shall report to the Secretary of Transportation not
Secretary of
Transportation. later than September 30, 1974, and not later than September 30 of
each year thereafter, on the progress being made in implementing the
program for the removal of roadside obstacles and the eifectiveness of
such improvements. Each report shall contain an assessment of the
costs and safety benefits of the various means and methods used to
Report to mitigate or eliminate roadside obstacles. The Secretary of Transporta-
Congress.
tion shall submit a report to the Congress not later than January 1,
1975, and not later than January 1 of each year thereafter, on the
progress being made by the States in eliminating roadside obstacles
and the effectiveness of the improvements made under this program.
The Secretary's report shall include, but not be limited to, an analysis
and evaluation of each State program, identification of any State
found not to be in compliance with the schedule of improvements
required by subsection (a) and shall include recommendations for
fu<"ure implementation of the roadside obstacle removal program. In
addition, to assess the safety benefits of varying roadside obstacle
treatments, the report shall contain an assessment of the costs and
safety benefits of the various means and methods used to mitigate or
eliminate roadside obstacles."
(b) The analvsis of chapter 1 of title 23, Ignited States Code, is
amended by adding at the end thereof the following:
"1.53. Program for the elimination of roadside obstacles.".
H I G H W A Y SAFETY EDUC^ATIONAL PR()(JRAMIX(} AND STUDY
SEC. 211. (a) The Secretary of Transportation, in cooperation Avith
interested government and nongovernment authorities, agencies, orga-
nizations, institutions, businesses, and individuals, shall conduct a
full and complete investigation and study of the use of mass media
for informing and educating the public of w^ays and means for reduc-
ing the number and severity of highway accidents. Such a study shall
include, but not be limited to, ways and means for encouraging the
participation and cooperation of television and radio station licensees,
for measuring audience reactions to current educational programs, for
evaluating the effectiveness of such programs, and for developing new
Report to programs for the promotion of highw^ay safety. The Secretary shall
Congress.
T'eport to the Congress his findings and recommendations by June 30,
Appropriation. (b) For the purpose of carrying out subsection (a) of this section,
there is hereby authorized to be appropriated the sum of $1,000,000
out of the Highway Trust Fund.
(c) The Secretary of Transportation, in consultation with State and
local highway safety officials, shall develop a series of highway safety
television programs of varying length, up to and including five min-
utes, for use in accordance with the provisions of the Communica-
tions Act of 1934. At least 50 per centum of the funds authorized and
expended under subsection (d) of this section shall be allocated to the
States at the discretion of the Secretary for approved programing
projects. To the maximum extent feasible, the services of private indi-
viduals shall be utilized in carrying out this subsection.
Appropriation. (d) For the purpose of carrying out subsection (c) of this section,
there is hereby authorized to be appropriated the sum of $4,000,000 out
of the Highway Trust Fund.
87 STAT. ] PUBLIC LAW 93-87-AUG. 13, 1973 289
C I T I Z E N i-AKTICIPATION STUDY
SEC. 212. (a) The Secretary of Transportation, in cooperation with
State and local highway safety authorities, shall conduct a full and
complete investigation and study of ways and means for encouraging
greater citizen participation and involvement in highway safety pro-
grams, with particular emphasis on traflSlc enforcement and accident
detection, response, and reporting, including, but not limited to, the
creation of citizen adjuncts to assist professional traffic enforcement
agencies and highway rescue agencies in the performance of their
Report to
duties. The Secretary shall report to the Congress his findings and Congress.
recommendations by June 30,1974.
(b) For the purposes of carrying out this section, there is authorized Appropriation.
to be appropriated the sum of $1,000,000 out of the Highway Trust
Fund.
F E A S I B I L I T Y S T U D Y — N A T I O N A L CENTER FOR STATISTICAL A N A L Y S I S OF
H I G H W A Y OPERATIONS
S E C 213. (a) The Secretary of Transportation shall make a study
of the feasibility of establishing a National Center for Statistical
Analysis of Highway Operations designed to acquire, store, and
retrieve highway accident data and standardize the information and
procedures for reporting accidents on a nationwide basis. Such study
should include, but not be limited to, an estimate of the cost of estab-
lishing and maintaining suph a center, including the means of acquir-
ing the accident information to be stored therein, the methods to be
used for its evaluation and the criteria needed to assure its proper
utilization by appropriate public and private agencies and groups.
The Secretary shall report to the Congress his findings and recom- Report to
Congress.
mendations not later than January 1,1975.
(b) For the purpose of carrymg out this section, there is author- Appropriation.
ized to be appropriated the sum of $5,000,000 out of the Highway
Trust Fund.
PEDESTRIAN A N D BICYCLE SAFETY STUDY
SEC. 214. (a) The Secretary of Transportation shall make a full
and complete investigation and study of pedestrian and bicycle safety.
Such an investigation and study shall include, but not be limited to,
the following:
(1) A review and evaluation of State and local ordinances,
regulations, and laws and the enforcement policies, procedures,
methods, practices, and capabilities for enforcing them.
(2) The relationship between alcohol and pedestrian and
bicycle safety, with special emphasis on problem drinkers, both
drivers and pedestrians.
(3) An evaluation of ways and means of improving pedestrian
and bicycle safety programs.
(4) An analysis of present funding allocations for pedestrian
and bicycle safety programs and an assessment of the capabilities
of Federal, State, and local governments to fund such activities
and programs.
In the conduct of such investigation and study, the Secretary shall
cooperate and consult with other agencies of the Federal Government,
the States, and their political subdivisions, and other interested private
organizations, groups, and individuals.
(b) The Secretary shall, not later than January 31, 1975, report Report to
Congress.
to the Congress the, results of this investigation and study together
with his conclusions and recommendations for appropriate legislation.
22-150 O - 75 - 21
290 PUBLIC LAW 93-87-AUG. 13, 1973 [87 STAT.
Appropriation. (c) There is hereby authorized not to exceed $5,000,000 from the
Highway Trust Fund to carry out this section.
MANPOWER TRAINING A N D DEMONSTRATION PROGRAMS
SEC. 215. The first sentence of subsection (c) of section 402 of
80 Stat. 731, title 23, United States Code, is amended hj inserting immediately
after "approved in accordance with subsection (a)," the following:
"including development and implementation of manpower training
programs, and of demonstration programs that the Secretary deter-
mines will contribute directly to the reduction of accidents, and deaths
and injuries resulting therefrom. Such funds".
PUBLIC ROAD MILEAGE
SEC. 216. Subsection (c) of section 402 of title 23, United States
84 Stat. 1740. Code, is amended by inserting immediately after the third sentence
the following: "Public road mileage as used in this subsection shall
be determined as of the end of the calendar year preceding the year
in which the funds are apportioned and shall be certified to by the
Governor of the State and subject to approval by the Secretary."
MINIMUM APPORTIONMENT
SEC, 217. Subsection (c) of section 402 of title 23, United States
Code, is amended by striking "one-third of 1 per centum" in the fifth
sentence thereof, and inserting "one-half of 1 per centum".
H I G H W A Y SAFETY PROGRAM APPLICABILITY
50 Stat. 7 3 1 . SEC. 218. Section 401, title 23, United States Code, is amended by
'State." adding at the end thereof the following: "For the purposes of this
chapter, the term 'State' means any one of the fifty States, the District
of Columbia, Puerto Kico, the Virgin Islands, Guam, and American
Samoa, except that all expenditures for carrying out this chapter in
the Virgin Islands, Guam, and American Samoa shall be paid out of
money in the Treasury not otherwise appropriated."
INCENTIVES FOR COMPLIANCE W I T H H I G H W A Y SAFETY PROGRAMS
Ante, p. 285. SEC. 219. Section 402 of title 23, United States Code, is amended by
adding the following new subsection:
Incentive "(j) (1) In addition to other grants authorized by this section, the
grants.
Secretary may make incentive grants in each fiscal year to those States
which have adopted legislation requiring the use of seatbelts in accord-
ance with criteria which the Secretary shall establish and publish.
Such grants may only be used by recipient States to further the pur-
poses of this chapter. Such grants shall be in addition to other funds
Appropriation. authorized by this section. There is hereby authorized to be appropri-
ated to carry out this paragraph, out of the Highway Trust Fund, not
to exceed $25,000,000 for the fiscal year ending June 30, 1974, not to
exceed $32,000,000 for the fiscal year ending June 30,1975, and not to
exceed $37,500,000 for the fiscal year ending June 30,1976.
Additional
grants. " (2) In addition to other grants authorized by this section, the Sec-
retary may make additional incentive grants to those States which
have made the most significant progress in reducing traffic fatalities
based on the reduction in the rate of such fatalities per one hundred
million-vehicle miles during the calendar year immediately preceding
the fiscal year for which sudi incentive funds are authorized compared
with the average annual rate of such fatalities for the four calendar
87 STAT. ] PUBLIC LAW 93-87-AUG. 13, 1973 291
year period preceding such calendar year. Such incentive grants shall
be made in accordance with criteria which the Secretary shall estab-
lish and publish. Such grants may only be used by recipient States to
further the purposes of this chapter. Such grants shall be in addition
to other funds authorized by this section. There is hereby authorized Appropriation.
to be appropriated to carry out this paragraph, out of the Highway
Trust Fund, not to exceed $12,500,000 for the fiscal year ending June
30, 1974, not to exceed $16,000,000 for the fiscal year ending June 30,
1975, and not to exceed $19,000,000 for the fiscal year ending June 30,
1976.
"(3) Incentive awards authorized by this section shall not exceed 25 Limitation.
per centum of each State's apportionment as authorized by this
chapter."
H I G H W A Y SAFETY RESEARCH AND DEVELOPMENT
SEC. 220. The second sentence of subsection (a) of section 403 of title
23, United States Code, is amended to read as follows: "In addition, Ante, p. 286.
the Secretary may use the funds appropriated to carry out this section,
either independently or in cooperation with other Federal depart-
ments or agencies, for making grants to or contracting with State or
local agencies, institutions, and individuals for (1) training or
education of highway safety personnel, (2) research fellowships in
highway safety, (3) development of improved accident investigation
procedures, (4) emergency service plans, (5) demonstration projects,
and (6) related activities which the Secretary deems will promote the
purposes of this section. The Secretary shall assure that no fees are
charged for any meetings or services attendant thereto or other activi-
ties relating to training and education of highway safety personnel."
TRANSFER OF DEMONSTRATION P R O J E C T EQUIPMENT
SEC. 221. Section 403 of title 23, United States Code, is amended by
adding at the end thereof the following new subsection:
" ( d ) The Secretary may, where he deems it to be in furtherance of
the purposes of section 402 of this title, vest in State or local agencies, Ante, p. 290.
on such terms and conditions as he deems appropriate, title to equip-
ment purchased for demonstration projects with funds authorized by
this section."
A D M I N I S T R A T I V E A D J U D I C A T I O N OF TRAFFIC INFRACTIONS
SEC. 222. Section 403 of title 23, United States Code, is amended by Supra.
adding at the end thereof the following new subsection:
"(e) In addition to the research authorized by subsection (a) of
this section, the Secretary shall, either independently or in coopera-
tion with other Federal departments or agencies, conduct research
into, and make grants to or contracts with State or local agencies,
institutions, and individuals for projects to demonstrate the adminis-
trative adjudication of traffic infractions. Such administrative
adjudication demonstration projects shall be designed to improve high-
way safety by developing fair, efficient, and effective processes and
procedures for traffic infraction adjudication, utilizing appropriate
punishment, training, and rehabilitative measures for traffic offenders.
The Secretary shall report to Congress by July 1,1975, and each year Report to
thereafter during the continuance of the program, on the research and Congress.
demonstration projects authorized by this subsection, and shall include
in such report a comparison of the fairness, efficiency, and effective-
ness of administrative adjudication of traffic infractions with other
methods of handling such infractions."
292 PUBLIC LAW 93-87-AUG. 13, 1973 [87 STAT.
N A T I O N A L H I G H W A Y SAFETY ADVISORY COMMITTEE
SEC. 223. Subsection (a) (1) of section 404 of title 23, United States
81 Stat. 507. Code, is amended by inserting immediately after "Federal Highway
Administrator," the following: "the National Highway Traffic Safety
Administrator,".
DATE o r ANNUAL REPORT
SEC. 224. The first sentence of subsection (a) of section 202 of the
23 u s e 401 Highway Safety Act of 1966 (80 Stat. 736) is amended by deleting
note.
"March 1" and substituting in lieu thereof the following: "July 1".
H I G H W A Y SAFETY NEEDS STUDY ,
SEC. 225. I n order to provide the basis for evaluating the continuing
72 Stat. 885. highway safety programs authorized in title 23, United States Code,
23 u s e 101 et
seq. and to furnish Congress with the information necessary for the author-
ization of appropriations for such programs, the Secretary of Trans-
portation, in cooperation with the Governors and appropriate State
and local highway officials, shall make a full and complete study of
highway safety needs and shall prepare recommendations and esti-
mates of the costs for meeting such needs. Such estimates and recom-
mendations shall identify the requirements to meet highway safety
needs of the States, Puerto Rico, and the District of Columbia and
would also consider those of Guam, American Samoa, the Virgin
Islands and such other United States territories as the Secretary shall
E s t i m a t e s and determine. The Secretary shall submit such detailed estimates and
recommendations,
submittal to recommendations to the Congress not later than January 10, 1976.
Congress.
DRIVER EDUCATION EVALUATION PROGRAM
Ante, p. 291. SEC. 226. (a) Section 403 of title 23, United States Code, is amended
by adding at the end thereof the following new subsection:
"(f) I n addition to the research authorized by subsection (a) of
this section, the Secretary shall carry out research, development, and
demonstration projects to improve and evaluate the effectiveness of
various types of driver education programs in reducing traffic acci-
dents and deaths, injuries, and property damage resulting therefrom.
The research, development, and demonstration projects authorized by
this subsection may be carried out by the Secretary through grants
and contracts with public and private agencies, institutions, and indi-
Report to viduals. The Secretary shall report to the Congress by July 1, 1975,
Congress.
and each year thereafter during the continuance of the program, on
the research, development, and demonstration projects authorized by
this subsection, and shall include in such report an evaluation of the
effectiveness of driver education programs in reducing traffic accidents
and deaths, injuries, and property damage resulting therefrom."
Appropriation. (b) For the purpose of carrying out the amendment made by sub-
section (a) of this section, there is authorized to be appropriated
$10,000,000 out of the Highway Trust Fund.
TRANSFER OF F U N D S A M O N G H I G H W A Y SAFETY PROGRAMS
Ante, p . 257. SEC. 227. Section 104 of title 23, United States Code, is amended by
adding at the end thereof the following new subsection:
" ( g ) Not more than 30 per centum of the amount apportioned in
any fiscal year to each State in accordance with sections 144,152, and
84 Stat. 1741;
Ante, pp. 286,
153 of this title, or section 203(d) of the Highway Safety Act of 1973,
287, 2 8 3 .
87 STAT. ] PUBLIC LAW 93-87-AUG. 13, 1973 293
may be transferred from the apportionment under one section to the
apportionment under any other of such sections if such a transfer is
requested by the State highway department and is approved by the
Secretary as being in the public interest. The Secretary may approve
such transfer only if he has received satisfactory assurances from the
State highway department that the purposes of the program from
which such funds are to be transferred have been met."
CURB R A M P S FOR T H E H A N D I C A P P E D
SEC. 228. Paragraph (1) of subsection (b) of section 402 of title 23,
United States Code, is amended by adding at the end thereof the sostat. 731.
following:
" ( F ) provide adequate and reasonable access for the safe and
convenient movement of physically handicapped persons, includ-
ing those in wheelchairs, across curbs constructed or replaced on
or after July 1, 1976, at all pedestrian crosswalks throughout the
State."
H I G H W A Y SAFETY STANDARDS
SEC. 229. Subsection (h) of section 402 of title 23, United States
Code, is amended to read as follows: 84 Stat. 1740.
" ( h ) Each uniform safety standard promulgated under this section
on or before July 1, 1973, shall continue in effect unless otherwise
specifically provided by law enacted after the date of enactment of the
Federal-aid Highway Act of 1973. The Secretary shall not promulgate
any other uniform safety standard under this section (including by
revision of a standard continued in effect by the preceding sentence)
unless otherwise specifically provided by law enacted after the date
of enactment of the Federal-aid Highway Act of 1973."
FEDERAL-AID SAFER ROADS DEMONSTRATION PROGRAM
SEC. 230. (a) Chapter 4 of title 23, United States Code, is amended 8° ITc'lol
by adding at the end thereof the following new section:
"§ 405. Federal-aid safer roads demonstration program
" ( a ) The Federal-aid safer roads demonstration program shall con-
sist of all public roads or segments thereof not on a Federal-aid system
needing improvements to correct safety hazards selected or designated
by each State subject to the approval of the Secretary.
" ( b ) Not later than June 30,1974, each State shall identify projects
for the Federal-aid safer roads demonstration program for all public
roads in such State not on the Federal-aid system, including projects
to improve highway marking and signing, to eliminate roadside obsta-
cles, to eliminate hazards at railroad-highway grade crossings, and
to correct high-hazard locations, identified by accident reporting,
traffic records and hazards analysis systems established in accordance
with standards promulgated under subsection (a) of section 402 of
this title. Each State shall assign priorities for and undertake the Post, p. 294.
systematic correction of identified hazards, to provide for the most
effective improvement in highway safety.
"(c) There is authorized to be appropriated for the Federal-aid Appropriation.
safer roads demonstration program for projects on public roads not
on the Federal-aid system for the removal of roadside obstacles, the
elimination of hazards at railroad-highway grade crossings, and the
proper marking and signing of highways in accordance with subsec-
294 PUBLIC LAW 93-87-AUG. L3, 1973 [87 STAT.
tion (b) of this section, out of the Highway Trust Fund, $50,000,000
for the fiscal year ending June 30, 1974, and $100,000,000 per fiscal
year for each of the fiscal years ending June 30, 1975, and June 30,
1976. Such sums shall be apportioned amon^ the States in accordance
with the formula established under subsection (c) of section 402 of
Ante, p. 290. this title. The Federal share payable on account of any such project
shall he 90 per centum of the cost thereof. The provisions of chapter 1
of this title relating to the obligation, period of availability, and
expenditure for Federal-aid primary highway funds shall apply to
funds apportioned to carry out this subsection. Prior to June 30,1974,
funds shall be available for such projects as determined by the State,
subject to the approval of the Secretary.
" ( d ) F o r the purposes of this section, the term 'public road' means
any road under the jurisdiction of and maintained by a public author-
ity and open to public travel and which is not on a Federal-aid
system.
"(e) I t shall be the responsibility of each State to maintain ade-
quate pavement markings on any public road marked with funds
available under this section in such State.
"(f) In any State wherein the State is without legal authority to
construct or maintain a project under this section, such State shall
enter into a formal agreement for such construction or maintenance
with the appropriate local officials of the county or municipality in
which such project is located.
" ( g ) In carrying out the Federal-aid safer roads demonstration
program authorized by this section, the Secretary shall coordinate
such program with the programs and projects authorized in sections
84 Stat. 1741; 144, 152, aud 153, of this title and section 203(d) of the Highway
Ante. pp. 286, Safety Act of 1973.
Ante, p. 283. "(hi) The Secretary shall file an interim report with the Congress
cc^^^es's^ *° on January 1, 1975, concerning the progress being made under the
demonstration program authorized by this section and its effectiveness.
The Secretary shall report to Congress on or before January 1, 1976,
a comprehensive report on the program authorized by this section.
Such reports shall include, but not be limited to, the number of projects
undertaken, their distribution by cost range, roads system, means and
methods used, and previous and subsequent accident experience at
improved locations. In addition such reports shall analyze and evalu-
ate the program State by State, and shall include such recommenda-
tions as he determines necessary for the further implementation of this
program."
(b) The table of contents of chapter 4 of title 23, United States
Code, is amended by adding at the end thereof:
"405. Federal-aid safer roads demonstration program.".
BICYCLE SAFETY
SEC. 231. (a) The fourth sentence of subsection (a) of section 402 of
80 Stat. 731. title 23, United States Code, is amended by striking out the period at
the end thereof and inserting in lieu thereof the following: "and
(b) Paragraph (b) (1) ( E ) of section 402 of title 23, United States
Code, is amended by striking out "and" before " ( 5 ) " and by striking
out the period at the end of such paragraph and inserting in lieu
thereof a comma and the following: "and (6) driver education pro-
grams, including research, that will assure greater safety for bicyclists
using public roads in such State."
87 STAT. ] PUBLIC LAW 93-87-AUG. 13, 1973 295
TITLE I I I
URBAN" MASS TRANSPORTATION ACT OP 1 0 6 4
SEC. 301. (a) The fifth sentence of section 4(a) of the Urban Mass
78 Stat. 304.
Transportation Act of 1964 is amended to read as follows "The Fed- 49 u s e 1603.
eral grant for any such project to be assisted under section 3 shall be
in an amount equal to 80 per centum of the net project cost."
(b) The amendment made by subsection (a) shall apply only with Limitation.
respect to projects which were not subject to administrative reserva-
tion on or before July 1,1973.
Appropriation.
(c) Section 4(c) of the Urban Mass Transportation Act of 1964 is 84 Stat. 965.
amended by striking out "$3,100,000,000" in the first and third sen-
tences and inserting in lieu thereof "$6,100,000,000".
80 Stat. 715.
(d) Section 9 of the Urban Mass Transportation Act of 1964 is 49 u s e 1607ia.
amended—
(1) by striking out "to make grants" in the first sentence and
inserting in lieu thereof "to contract for and make grants";
(2) by striking out "and designing" in the first sentence and
inserting in lieu thereof "designing, and evaluation";
(3) by striking out "and (3)*' in the second sentence and insert-
ing in lieu thereof "(3) evaluation of previously funded projects;
and (4)";
(4) by inserting "or contract" after "A grant" in the third sen-
t-ence; and
(5) by striking out all that follows "Secretary" in the third
sentence and inserting in lieu thereof a period.
(e) The provision of assistance under the amendments made by
this section shall not be construed as bringing within the application
80 Stat. 403.
of chapter 15 of title 5, United States Code, any nonsupervisory 5 u s e 1501.
employee of an urban mass transportation system (or of any other
agency or entity performing related functions) to whom such chapter
is otherwise inapplicable.
Diicrimlnation
(f) Section 12 of the Urban Mass Transportation Act of 1964 is prohibition.
amended by adding at the end thereof the following new subsection: 78 Stat. 306;
"(f) No person snail on the ground of sex be excluded from partici- 79 Stat. 507;
80 Stat. 715.
pation in, be denied the benefits ofj or be subjected to discrimination 49 u s e 1608.
under any program or activity receiving Federal assistance under this
Act or carried on under this Act. This provision will be enforced
through agency provisions and rules similar to those already estab-
lished, witn respect to racial and other discrimination, under title VI
of the Civil Riglits Act of 1964. However, this remedy is not exclusive 78 Stat. 252.
42 u s e 2000d.
and will not prejudice or cut off any other legal remedies available to a
discriminatee."
(g) Section 16(b) of the Urban Mass Transportation Act of 1964 Additional
grant! and loana,
is amended to read as follows: 84 Stat. 967.
"(b) In addition to the grants and loans otherwise provided for 49 u s e 1612.
under this Act, the Secretary is authorized to make grants and loans—
"(1) to States and local public bodies and agencies thereof for
the specific purpose of assisting them in providing mass trans-
portation services which are planned, designed, and carried out
so as to meet the special needs of elderly and nandicapped persons,
with such grants and loans bein|^ subject to all of the terms, con-
ditions, requirements, and provision's applicable to grants and
loans made under section 3(a) and being considered ftr the pur- 84 Stat. 9 6 2 .
49 u s e 1602.
poses of all other laws to have been made under such section; and
296 PUBLIC LAW 93-88-AUG. 14, 1973 [87 STAT.
"(2) to private nonprofit corporations and associations for the
specific purpose of assisting them in providing transportation
services meeting the special needs of elderly and handicapped per-
sons^ for whom mass transportation services planned, designed,
and carried out under paragraph (1) are unavailable, insufficient,
or inappropriate, with such grants and loans being subject to such
terms, conditions, requirements, and provisions (similar insofar
as may be appropriate to those applicable to grants and loans
under paragraph (1)) as the Secretary may determine to be neces-
sary or appropriate for purposes of this paragraph.
Of the total amount of the obligations which the Secretary is author-
ized to incur on behalf of the United States under the first sentence of
An^e, p. 295. sectioH 4(c), 2 per centum may be set aside and used exclusively to
finance the programs and activities authorized by this subsection
(including administrative costs)."
TITLE IV
INAPPLICABILITT OF TIME REQUIREMENTS
SEC. 401. The time requirements in section 104(b) of title 23, United
Ante, p. 256. States Code, shall not be applicable to the apportionment of sums
authorized for the fiscal year ending June 30,1974, in any title of this
Act, and the Secretary shall apportion such sums for such fiscal year
as soon as practicable after the date of enactment of this Act.
CONFORMING ADJUSTMENTS
Ante, p. 145. SEC. 402. All sums authorized in Public Law 93-61 are included
within the authorizations contained in this Act for the fiscal year
ending June 30, 1974, and the Secretary shall make such adjustments
in apportionments made under Public Law 93-61 as may be necessary
to conform such apportionments to this Act.
Approved August 13, 1973.
Public Law 93-88
August 14, 1973 -^N A C T
[s. 1993] To amend the EURATOM Cooperation Act of 1958, as amended.
Be it enacted hy the Senate and House of Representatives of the
Dpe^^itl A^^t^or United States of America in Congress assembled, That section 5 of
1*958! amendment, thc E U R A T O M Cooperation Act of 1958, as amended, is amended by
42 u?c 22^94 deleting the words "two hundred fifteen thousand kilograms of con-
tained uranium 235" and substituting therefor the words "an amount
of contained uranium 235 which does not exceed that necessary to
support the fuel cycle of power reactors located within the Community
having a total installed capacity of thirty-five thousand megawatts of
electric energy, together with twenty-five thousand kilograms of con-
tained uranium 235 for other purposes".
Approved August 14, 1973.